Citation Nr: 18155061 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 16-51 982 DATE: December 4, 2018 REMANDED Entitlement to service connection for hernia with surgical residuals is remanded. REASONS FOR REMAND The Veteran served honorably on active duty in the U.S. Army from July 1991 to July 1995. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. Entitlement to service connection for hernia with surgical residuals Remand is required to attempt to obtain the Veteran’s service treatment records (STRs). VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2018). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records. 38 C.F.R. § 3.159(c)(2). VA will end its efforts to obtain records only where it concludes that the records sought do not exist or that further efforts to obtain those records would be futile, such as where the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them. 38 C.F.R. § 3.159(c)(2). A March 2013 VA memorandum explains that the Records Management Center (RMC) did not have the Veteran’s STRs, and further attempts to obtain them would be futile. In his March 2014 notice of disagreement, however, the Veteran stated that he was treated on an inpatient status at the Darnell Army Community Hospital and requested that VA obtain those records on his behalf. In light of the additional information, remand is required to again undertake all necessary efforts to obtain the Veteran’s STRs. This issue must also be remanded to afford the Veteran a VA examination. VA’s duty to assist includes providing a medical examination when is necessary to make a decision on a claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or recurrent symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006) (noting that the third element establishes a low threshold and requires only that the evidence “indicates” that there “may” be a nexus between the current disability or symptoms and active service, including equivocal or non-specific medical evidence or credible lay evidence of continuity of symptomatology). Here, the only evidence of record is the Veteran’s November 2011 and March 2014 statements in which he reported that he underwent surgical hernia repair during his period of active service. He reported receiving treatment at the Darnell Army Community Hospital. The Board will presume that the Veteran’s claim indicates he experiences some current symptoms, including possible nerve damage. The Veteran’s reports of treatment in service for the claimed conditions indicates there may be a nexus between any current symptoms and his reported in-service hernia and surgery. Also, the Veteran’s STRs are unavailable due to no fault of his own, and therefore VA has a heightened duty to assist him with obtaining evidence that may substantiate his claim, including providing a VA examination. Thus, VA examinations for the claimed conditions should be provided on remand.   The matters are REMANDED for the following action: 1. Ensure that all service treatment records and service hospital records from all periods of verified active duty service have been associated with the claims file. If appropriate, contact the National Personnel Records Center (NPRC), the Veteran’s unit, or the Darnell Army Community Hospital. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 2. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the etiology of his claimed hernia residuals. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. (a.) Elicit from the Veteran information regarding his in-service hernia and hernia surgery and current symptoms. (b.) The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that any hernia or hernia residuals had onset in, or is otherwise related to, active military service. 4. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2018). In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Smith, Associate Counsel