Citation Nr: 18153896
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 16-57 349
DATE:	November 29, 2018
REMANDED
Entitlement to service connection for a back condition is remanded.
Entitlement to service connection for a left knee condition is remanded.
Entitlement to service connection for a right knee condition is remanded.
Entitlement to service connection for a left ankle condition is remanded.
Entitlement to service connection for a right ankle condition is remanded.
Entitlement to service connection for migraines is remanded.
Entitlement to service connection for a left leg condition is remanded.
Entitlement to service connection for a right leg condition is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1990 to September 1994, with subsequent service in the Navy Reserves and California Army National Guard.  
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision.

Service Connection Claims
Initially, a review of the Veteran’s claims file reveals there are missing VA treatment records.  Notably, in the Veteran’s May 2014 notice of disagreement, he indicated he was receiving treatment at the Long Beach VA Medical Center.  However, there are no available VA treatment records in the Veteran’s claims file to review.  As there appear to be outstanding VA treatment records in VA’s constructive possession, the claim must be remanded in order to obtain and associate the records to the Veteran’s file.  See 38 U.S.C. § 5103A (b), (c); 38 C.F.R. § 3.159 (c); Bell v. Derwinski, 2 Vet. App. 611 (1992).
Additionally, the record reflects that the Veteran had additional service in the U.S. Army National Guard of California following discharge from the Navy Reserves in March 1997.  Although some of the Veteran’s service treatment records have been obtained, it appears that many are missing, notably the records from the California Army National Guard.  Therefore, given the absence of medical records that may be critical to the Board’s assessment of the Veteran’s service connection claims, a remand is warranted.
The matters are REMANDED for the following action:
1. Take appropriate action to obtain the Veteran’s complete medical and personnel records for his reported California Army National Guard service, to include making a request to the National Personnel Records Center (NPRC), the Veteran’s National Guard Unit, and/or any other appropriate entity.
All records and/or responses received should be associated with the claims file.  The non-existence or unavailability of the information and/or records must be verified by each department or agency from which they are sought.  Such verification should be documented for the record and the Veteran should be provided notice of that fact.
2. Obtain the Veteran’s outstanding VA treatment records and associate them with the claims file.

 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Kettler, Associate Counsel