Citation Nr: 18149216 Decision Date: 11/09/18 Archive Date: 11/08/18 DOCKET NO. 16-34 884 DATE: November 9, 2018 REMANDED Whether new and material evidence has been received to reopen the claim for entitlement to service connection for a left eye disorder, to include myopia, claimed as blindness is remanded. Entitlement to special monthly compensation based on the need for aid and attendance is remanded. Entitlement to automotive and adaptive equipment or adaptive equipment only is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1969 to November 1970, from November 1971 to November 1973, and from September 1974 to September 1977. 1. Whether new and material evidence has been received to reopen the claim for entitlement to service connection for a left eye disorder, to include myopia, claimed as blindness is remanded. Review of the record shows that the Veteran’s service treatment records for his first and second periods of service have been obtained; however, his service treatment records from his third period of service are not associated with the claims file. The record suggests that the RO was unable to locate those records, but it is unclear what steps the RO took to obtain the service treatment records, whether such efforts were exhaustive, and whether the Veteran was properly notified of the RO’s inability to obtain those records. Although the RO has acknowledged the occurrence of the Veteran’s in-service left eye injury, the RO has concluded that the Veteran’s current left eye blindness is not related to the in-service eye injury. Thus, the Veteran’s visual acuity during his third period of service is relevant to his claim. Accordingly, the Board believes that additional efforts to obtain the Veteran’s service treatment records are warranted. 2. Entitlement to special monthly compensation based on the need for aid and attendance and entitlement to automotive and adaptive equipment or adaptive equipment only are remanded. The Veteran’s claims for entitlement to SMC and entitlement to automotive and adaptive equipment are intertwined with the claim remanded herein; accordingly, they must also be remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both are adjudicated). The matters are REMANDED for the following action: 1. The RO must submit a request to the National Personnel Records Center (NPRC) and any other potential federal records repository for all service treatment records during all of the Veteran’s periods of service. All information obtained must be made part of the claims file. All attempts to secure this evidence must be documented in the claims file by the RO. If the RO determines that such records do not exist or that further efforts to obtain them would be futile, the RO must notify the Veteran and his representative and (a) identify the specific records the RO is unable to obtain; (b) briefly explain the efforts that the RO made to obtain those records; (c) describe any further action to be taken by the RO with respect to the claim; and (d) notify him that it is ultimately his responsibility to provide the information identified. The Veteran and his representative must be given the appropriate time to respond. 2. After completing the above actions, and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraph above, the Veteran’s claims must be re-adjudicated. If any of the claims remain denied, a supplemental statement of the case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for further appellate review. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Katz, Counsel