Citation Nr: 18143387
Decision Date: 10/19/18	Archive Date: 10/18/18

DOCKET NO. 15-06 301
DATE:	October 19, 2018
REMANDED
Entitlement to service connection for a bilateral knee disability, to include swollen knees, is remanded.
Entitlement to service connection for swollen right ankle with pain is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1987 to June 1987.
With respect to the Veteran’s claims on appeal, the Board notes that further development is required.
Here, in a March 2013 VA Memorandum, the RO made a formal finding of the unavailability of the Veteran’s service treatment records from March 1987 through June 1987.  Although the Veteran submitted a portion of the service treatment records from this time period, specifically covering April 1987, during her March 2013 VA examination the Veteran reported she served on active duty until December 1994.  The Board notes that the record does contain a certification of Honorable Discharge reflecting the Veteran’s discharge from the United States Army in December 1994.  Given the uncertainty of the Veteran’s service dates, remand is warranted for verification of the Veteran’s service dates.
Additionally, in light of the December 1994 Honorable Discharge certificate, it does not appear that the RO requested the Veteran’s entire service treatment records as evidenced by the February 2013 Request for Information, as the request only pertains to dates that range from March 1987 to June 1987.  Therefore, once the Veteran’s service dates are verified, the RO should request the Veteran’s complete service treatment records to include those dates that had not been previously requested.
Additionally, in a March 2014 Social Security Administration (SSA) Letter, it appears the Veteran requested SSA medical records.  As there is no response to the request contained in the record, it is unclear whether SSA disability records are available for the Veteran.  The Veteran’s SSA records might contain additional treatment records, medical opinions, and other evidence that could be relevant to the issues on appeal.  Accordingly, VA should undertake efforts to obtain the Veteran’s SSA records.  38 C.F.R. § 3.159 (c) (2); see also Golz v. Shinseki¸ 590 F.3d 1317 (Fed. Cir. 2010) (VA has an obligation to secure Social Security records if there is a reasonable possibility that the records would help to substantiate the Veteran’s claim).  
Further, updated VA and non-VA medical records should also be obtained on remand.  38 C.F.R. § 3.159.

The matters are REMANDED for the following action:
1. Verify the Veteran’s service dates.  See Honorable Discharge certificate date December 13, 1994.
2. Take all appropriate steps to obtain the Veteran’s service treatment records from June 1987 to December 1994 from the United States Army. 
The search for the service treatment records should continue until there is reasonable certainty that these records do not exist or that further attempts to obtain them would be futile.
If it is determined that these records are not available, the RO should make a formal finding of unavailability.  In such an instance, the Veteran should be notified of the unavailability of the records and provided an opportunity to provide the records herself.
3. Request records from SSA pertaining to any award of disability benefits and associate those records with the electronic claims file.
4. Obtain any outstanding VA and non-VA medical records related to the Veteran’s claims on appeal

 
YVETTE R. WHITE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Abdelbary, Associate Counsel