Citation Nr: 18155336 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 16-11 159A DATE: December 4, 2018 REMANDED Service connection for a lower back disorder, to include a herniated disc, is remanded. Service connection for a neck disorder is remanded. Service connection for an acquired psychiatric disorder, to include depressive disorder, remanded. Service connection for pneumonia is remanded. Service connection for a disorder of the upper extremities, characterized by pain, numbness, weakness, and pinprick sensation, is remanded. Service connection for a disorder of the lower extremities, characterized by pain, numbness, weakness, and pinprick sensation, is remanded. Service connection for a bones and joints disorder is remanded. Service connection for dizziness is remanded. Service connection for gastroesophageal reflux disease (GERD) is remanded. Service connection for bilateral hearing loss is remanded. Service connection for tinnitus is remanded. Service connection for erectile dysfunction (ED) is remanded. Special monthly compensation (SMC) based on loss of use of a creative organ is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from May 1967 to September 1967 and July 1972 to July 1975. With respect to all issues other than bilateral hearing loss, the Veteran requested that a Decision Review Officer (DRO) hearing be scheduled on his March 2016 VA Form 9. Although the hearing was scheduled for March 2018, the Veteran did not appear. He has not subsequently requested that the hearing be rescheduled or provided good cause for his failure to appear. Thus, the hearing request is considered withdrawn. See 38 C.F.R. § 20.704(d). However, additional development remains necessary prior to the adjudication of this appeal. First, the record contains an incomplete copy of the Veteran’s service treatment records (STRs) and personnel records (SPRs). On this note, the claims file contains an April 2013 Formal Finding of Unavailability of STRs. The accompanying narrative indicates that all reasonable efforts were undertaken in attempting to obtain the Veteran’s STRs. The Board disagrees. An October 2011 communication from the Army Personnel Records Division does not indicate that the Veteran’s records are unavailable, and instead provides instructions for their receipt. Further, a March 2013 Personnel Information Exchange System (PIES) response clearly indicates that the provided record was incomplete. A subsequent request for a complete copy of the Veteran’s STRs and SPRs, submitted in June 2017, has yet to receive a response. As such, the Board finds that additional efforts must now be made to obtain a complete copy of the Veteran’s STRs and SPRs, as these are paramount to the determination of the service connection claims. Further, it is unclear whether the Veteran reported private treatment for the claimed disorders on a November 2014 authorization form, or if he intended for this form to serve as authorization to release his records to a requesting party. As such, clarification must be sought regarding possible private treatment for the claimed disorders. If any such treatment is identified, all reasonable efforts must now be made to obtain the associated records. Finally, the Veteran submitted private treatment records in November 2012 that are written in Spanish. On remand, the Agency of Original Jurisdiction (AOJ) should procure a translated copy of these records. The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file a complete copy of the Veteran’s service personnel records and service treatment records, covering both periods of service. All actions to obtain the requested records should be fully documented in the record. If they cannot be located or no such records exist, the Veteran and his representative should be so notified in writing. 2. Contact the Veteran and request that he identify all private providers of treatment for the claimed disorders, including that identified on the November 2014 authorization form, and request that he provide authorization for release of all identified private medical records to VA. 3. Obtain a translated copy of private treatment records submitted by the Veteran in November 2012 and associate this translation with the claims file. 4. Conduct any further development indicated by the results of the above ordered directives, to include evidentiary searches or scheduling the Veteran for examinations if indicated by the record. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Kovarovic, Associate Counsel