Citation Nr: 18146893
Decision Date: 11/02/18	Archive Date: 11/01/18

DOCKET NO. 16-47 228
DATE:	November 2, 2018
ORDER
Entitlement to service connection for an eye sight disability is remanded.
Entitlement to service connection for hearing loss is remanded.
Entitlement to service connection for tinnitus is remanded.
Entitlement to service connection for asthma is remanded.
Entitlement to service connection for COPD is remanded.
Entitlement to service connection for a heart disability is remanded.
Entitlement to special monthly compensation (SMC) based on the need of aid and attendance or housebound status is remanded.
REASONS FOR REMAND
The Veteran served on active duty as a member of the Alabama Army National Guard from June 11, 1963, to June 16, 1963, and from September 10, 1963, to September 12, 1963, for a total of nine days, with additional active duty for training.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions dated June 2014, March 2015, and January 2016.  
1. Entitlement to service connection for an eye disability
2. Entitlement to service connection for hearing loss
3. Entitlement to service connection for tinnitus
4. Entitlement to service connection for asthma
5. Entitlement to service connection for COPD
6. Entitlement to service connection for a heart disability
7. Entitlement to special monthly compensation (SMC) based on the need of aid and attendance or housebound status
The Veteran seeks service connection for hearing loss, tinnitus, an eye sight disability, a heart disability (to include surgery), and a lung disability (claimed as both asthma and COPD).  See November 2013 claim; October 2014 claim.  He also seeks entitlement to SMC based on the need of aid and attendance or housebound status.  See November 2015 letter from the Veteran’s attorney.
Military personnel records, both submitted by the Veteran and obtained through development efforts, indicate that the Veteran was a member of the Alabama Army National Guard from November 1956 to June 1965, with eight annual periods of active duty training (128 days total).  See military personnel records, received May 7, 2014.  These records include two DD-214 forms, received November 18, 2013, showing a total of nine days of active service during June 1963 and September 1963.  In a May 2018 letter, the Veteran’s representative indicated that these 
DD-214 forms correspond to mobilizations during the Civil Rights Movement.
The Veteran’s attorney asserts that a remand is necessary to obtain outstanding service personnel and treatment records.  See May 2018 letter.  In this regard, the Veteran’s attorney has noted that two statements of physical condition (from June 1963 and September 1963) reference a physical examination from November 1959.  See military personnel records, received May 13, 2014, at 6 & 8.  The Board is persuaded by this argument.  While the record shows that the RO, in May 2014, requested (and received) service records from the Alabama Army National Guard, there is indeed reason to believe that relevant service treatment records are still outstanding.  Further, there is no formal finding that any such records are unavailable, nor has VA notified the Veteran about it.  On remand, VA must take appropriate action to obtain any outstanding treatment records from the Alabama Army National Guard for the period between November 1956 and June 1965.
The matters are REMANDED for the following action:
Obtain the Veteran’s complete service treatment records, to include documents pertaining to his service in the Alabama Army National Guard from November 1956 to June 1965, to include a physical examination on or about November 1, 1959.  Document all requests for information as well as all responses in the claims file.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. López, Associate Counsel