Citation Nr: 18140971
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 12-11 418A
DATE:	October 9, 2018
REMANDED
Whether new and material evidence has been received to reopen a claim for service connection for brain tumor is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty from September 1960 to September 1962.  
The case is on appeal from a December 2010 rating decision, which denied reopening a claim of service connection for brain tumor on the grounds of no new and material evidence.
In November 2015, the Board also decided that new and material evidence had not been submitted to reopen the claim for service connection for brain tumor.
In March 2016, the Veteran appealed the Board’s November 2015 decision to the Court of Appeals for Veterans’ Claims (Court), and in a November 2016 Joint Motion for Remand the parties agreed that the November 2015 Board decision should be vacated and the case remanded for provision to the Veteran of a Board hearing.
In March 2018, the Veteran testified at a Board Hearing.
Whether new and material evidence has been received to reopen a claim for service connection for brain tumor.
At the March 2018 Board hearing, the Veteran recalled that a doctor told him that he never should have been taken in the Army.  After the hearing, in July 2018, the Veteran similarly wrote that he had been examined on June 14, 2018 by Dr. Travis Calvin [a neurosurgeon], and that during that consultation Dr. Calvin indicated that the Veteran “should never have been inducted.”
VA regulations provide that “any evidence whether documentary, testimonial, or in other form, offered by the claimant in support of a claim... and any contention or argument a claimant may offer with respect thereto are to be included in the records.”  38 C.F.R. § 3.103(d).  See also 38 C.F.R. § 3.159(c), providing that VA will make reasonable efforts to obtain relevant records for an individual attempting to reopen a finally decided claim.    
In accordance with 38 C.F.R. § 3.159(c)(1), a request should be made for the Dr. Calvin’s records.  
The matter is REMANDED for the following action:
Take appropriate steps to obtain the Veteran’s medical records from Dr. Travis Calvin of El Centro, California, including those records associated with a June 14, 2018 office visit.  Associate all located records with the claims file.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. Childers, Counsel