Citation Nr: 1321307	
Decision Date: 07/02/13    Archive Date: 07/12/13

DOCKET NO.  07-01 085	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. Louis, Missouri


THE ISSUE

Entitlement to service connection for a right knee disability.  


REPRESENTATION

Appellant represented by:	Missouri Veterans Commission


ATTORNEY FOR THE BOARD

G. Slovick, Associate Counsel







INTRODUCTION

The Veteran had active service from December 1960 to December 1963.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2006 decision of the St. Louis, Missouri, Regional Office (RO).

In September 2009, the Veteran testified at a hearing before the undersigned Acting Veterans Law Judge (AVLJ) and a transcript of the proceeding is of record.

The issues of entitlement to service connection for a hip disorder and entitlement to service connection for a back disorder have been raised by the record, but have not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over them and they are referred to the AOJ for appropriate action.  

The Board previously remanded the appeal in April 2011 and again in January 2013 for additional development.  

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if further action is required.


REMAND

In its January 2013 remand, the Board noted that Larkin Hospital should be again contacted for records, and that the request should specify that the Veteran claimed that he had received treatment for his knee in 1974 and 1976.

In accordance with the remand, in January 2013, VA's Appeals Management Center requested that the Veteran fill out a new VA Form 21-4142 Authorization and Consent to Release Information form so that those records might be requested.  The claims file does not include a completed VA Form 21-4142 following this request.  In a May 2013 letter, however, the Veteran remarked that he provided the release form three months prior.  Nevertheless, there is no indication of a completed form on file which was submitted to the hospital with the dates of treatment identified.

As part of its duty to assist, VA must make reasonable efforts to obtain relevant records not in the custody of a Federal department or agency.  38 C.F.R. § 3.159(c)(1).  

As the Veteran has suggested that he has provided a release form, but such a form is not found, he should be provided with a new form in the development in this issue. In this regard, the Board reminds the Veteran that corresponding to VA's duty to assist him is a duty on his part to cooperate with VA in developing a claim.  38 C.F.R. § 3.655 ; see Wood v. Derwinski, 1 Vet. App. 190, 193   (1991) (noting that "[t]he duty to assist is not always a one-way street").

Accordingly, the case is REMANDED for the following action:

1.  Undertake appropriate efforts to attempt to obtain any right knee treatment and/or hospitalization records from Woodland Heights Medical Center (previously known as the Larkin Hospital), in Lufkin, Texas.  The request should include the Veteran's identifying information, and an indication that he underwent right knee surgical intervention at the facility in approximately 1974 or 1976.  All development efforts must be associated with the claims folder. 

2.  Then, readjudicate the appeal.  If the benefit sought on appeal remains denied, the Veteran and his representative should be provided with a Supplemental Statement of the Case (SSOC).  An appropriate period of time should be allowed for response 


The appellant has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
M. N. HYLAND
Acting Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2012).