Citation Nr: 18140773
Decision Date: 10/05/18	Archive Date: 10/05/18

DOCKET NO. 17-64 535
DATE:	October 5, 2018
REMANDED
Entitlement to service connection for a cervical spine disability is remanded.
Entitlement to service connection for a low back disability is remanded.
Entitlement to service connection for a bilateral leg disability is remanded.
Entitlement to service connection for asthma is remanded.
Entitlement to service connection for a nervous condition to include major depression with dysthymic condition is remanded.
REASONS FOR REMAND
The appellant had service in the Army National Guard from June 1979 to December 1979.
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 administrative decision by the Department of Veterans Affairs (VA) Regional Office (RO).
This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2018).
1. Entitlement to service connection for a cervical spine disability is remanded.
2. Entitlement to service connection for a low back disability is remanded.
3. Entitlement to service connection for a bilateral leg disability is remanded.
4. Entitlement to service connection for asthma is remanded.
5. Entitlement to service connection for a nervous condition to include major depression with dysthymic condition is remanded.
The RO has requested the appellant’s service personnel and service treatment records from the National Personnel Records Center (NPRC) on multiple occasions without any success.  However, an April 2015 letter addressed to the appellant from the NPRC indicates that service records are sent to the NPRC from the military service departments after the individual is discharged, released, or retired.  In this case, however, the NPRC did not receive the appellant’s records and the request was referred to the Department of the Army.  To date, the RO has not requested the appellant’s records from the Department of the Army.  Accordingly, a request should be made to obtain the appellant’s service and/or personnel records, if available.  In addition, efforts must also be made to verify the type of appellant’s service in the Army National Guard.
The matters are REMANDED for the following actions:
1. Verify the type of appellant’s service in the Army National Guard from June 1979 to December 1979.
2. Request the appellant’s service treatment records and personnel records through official sources, to include a request to the Department of the Army at the following address: 
Department of the Army
Army Human Resources Command 
Attn: AHRC-PDR-H
1600 Spearhead Division Avenue Dept. 420 
Fort Knox, KY 40122-5402  
All actions to obtain the requested records should be fully documented in the claims file.  If they cannot be located or if no such records exist, the appellant and his representative should be so notified and a formal finding of unavailability prepared.
3. Ask the appellant to provide the names and addresses of all medical care providers, both VA and private, who have recently treated him for his claimed disabilities.  After securing any necessary releases, the AOJ should request any relevant records identified.  If any requested records are unavailable, the appellant and his representative should be notified of such.
 
M. Donohue
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Medina, Associate Counsel