Citation Nr: 18144671
Decision Date: 10/25/18	Archive Date: 10/24/18

DOCKET NO. 16-21 511
DATE:	October 25, 2018
REMANDED
Whether new and material evidence has been submitted to reopen the claim for service connection for a right knee disability is remanded.
Whether new and material evidence has been submitted to reopen the claim for service connection for bilateral hearing loss is remanded.
Whether new and material evidence has been submitted to reopen the claim for service connection for tinnitus is remanded.
Whether new and material evidence has been submitted to reopen the claim for service connection for a seizure disorder is remanded.
Entitlement to service connection for depression is remanded.
REASONS FOR REMAND
The Veteran had active duty service from December 1971 to December 1974.  
As an initial matter, the Board notes that the Veteran was previously represented; however, the attorney submitted a letter to withdraw as the Veteran’s representative in April 2016.  Although good cause is not required to be shown, the Board finds the letter sufficient to find that the Veteran is aware that he is unrepresented and the Board may proceed to adjudicate the appeal.  This remand will allow the Veteran time to obtain new representation, if he so desires, to assist in pursuing his claims.
This matter was previously before the Board in August 2017 in which the Board remanded the appeal to obtain social security records.  Those records have been obtained and have been associated with the claims folder.  Unfortunately, another remand is required in this case for the issues on appeal.  Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the claim so that the Veteran is afforded every possible consideration.
After reviewing the record, there is evidence that suggests the Veteran may have had National Guard service in addition to his active duty service.  In a June 2009 written correspondence, the Veteran noted that he was in the Army and National Guard.  Additionally, in his August 2009 audiology examination, the examiner noted that the Veteran had National Guard service from 1974 to 1988.  VA’s duty to assist requires that VA assist the Veteran in obtaining records, such as military personnel records, that are in the possession of a Federal department or agency. See 38 C.F.R. § 3.159 (c)(2) (2017).  As there is no indication from the record that attempts have been made to retrieve any National Guard records, a remand is required to take the necessary steps to verify the dates of any National Guard service and to obtain those personnel and service medical records, if available.
Accordingly, the matters are REMANDED for the following action:
1. Obtain and associate with the claims file and electronic record all outstanding pertinent VA treatment records dated from August 2014 to the present.
2. Verify all periods of active duty and National Guard service, and obtain relevant treatment records and personnel records from any verified period of National Guard service.  All efforts to obtain the National Guard records must be documented in the claims file.  If the search for any records yields negative results, that fact should be clearly noted and the Veteran must be informed in writing.
3. Readjudicate the Veteran’s claims on appeal.  If the benefits sought on appeal remain denied, the Veteran should be provided a supplemental statement of the case. Allow an appropriate period of time for response.




 
Gayle E. Strommen
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Laffitte, Associate Counsel