Citation Nr: 18146068
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 15-04 223
DATE:	October 30, 2018
REMANDED
Entitlement to service connection for left knee disability is remanded.
Entitlement to service connection for right knee disability is remanded.
Entitlement to service connection for knee scars is remanded.
Entitlement to service connection for left ankle disability, to include as secondary to knee disability, is remanded.
Entitlement to service connection for bilateral vision loss is remanded.
Entitlement to service connection for hepatitis is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 2, 1976 to March 9, 1985.  
In September 2015, the Veteran and his spouse testified at a hearing before the undersigned in Honolulu, Hawaii.  A transcript of the hearing is of record.
 

Service Connection
Remand for the issues on appeal is warranted in order to obtain service and post-service medical records.
A review of the record reveals the service treatment records (STRs) on file are incomplete.  Seven pages of STRs were obtained by the Agency of Original Jurisdiction (AOJ).  On one of these pages, the Veteran requested a separation examination.  The STRs do not contain a separation examination, suggesting these service treatment records are incomplete.  This suggestion is further supported by dozens of pages of 1980 STRs provided by the Veteran for an unrelated claim.  In light of this, remand is required to obtain the Veteran’s complete service treatment record.
Additionally, remand is required to obtain post-service treatment records.  The Veteran’s testified to receiving post-service treatment at Federal facilities, e.g. Walter Reed.  The claims file reflects efforts have been made to obtain some of these records, but not that the AOJ has made as many requests as are necessary to obtain the relevant records or to determine further efforts to obtain those records would be futile.  See 38 C.F.R. § 3.159(c).  The Board notes the Veteran’s spouse is also a veteran that served after the Veteran’s separation, so the pertinent records may be associated with her service record, as the Veteran may have been considered her dependent.  Moreover, the most recent VA medical records on file are from August 2014.
The Board reminds the Veteran that although VA has a duty to assist the Veteran in obtaining private treatment records not in the custody of a Federal facility, he must cooperate fully with VA’s reasonable efforts to obtain them and he is ultimately responsible for providing them.  See 38 C.F.R. § 3.159(c).
The matters are REMANDED for the following action:
1.  Obtain the Veteran’s complete service treatment records.
2.  Obtain the Veteran’s VA treatment records since August 2014.
3.  Obtain post-service treatment records in the custody of Federal facilities consistent with 38 C.F.R. § 3.159(c) and (e).  The AOJ should determine if any of the Veteran’s post-service treatment records have been associated with his spouse’s service records.  
4.  Ask the Veteran to complete a VA Form 21-4142, in order to obtain private treatment records if identified as relevant to the issues.  

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Gregory T. Shannon, Associate Counsel