Citation Nr: 18158185
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 17-05 848
DATE:	December 14, 2018
REMANDED
Entitlement to service connection for left shoulder replacement is remanded.
Entitlement to service connection for a left hip replacement is remanded.
Entitlement to service connection for a right hip replacement is remanded.
Entitlement to service connection for a left knee replacement is remanded.
Entitlement to service connection for back problems is remanded.
Entitlement to service connection for left ear hearing loss is remanded.
Entitlement to service connection for high blood pressure is remanded.
REASONS FOR REMAND
The appellant had service with the Army National Guard of Alabama from December 1955 to December 1958.
The appellant contends he had active service in the United States Army from approximately December 1957 to April 1961.  He has submitted a certificate of Honorable Discharge from the United States Army indicating that he was honorably discharged in April 1961.  He has also submitted a lay witness statement from B. Comer, who attests to having served with the appellant “in the armed services”.
The Agency of Original Jurisdiction (AOJ) has made efforts to obtain full copies of the appellant’s service treatment records and service personnel records, to include any DD Form 214s that may have been issued for his reported active service.  However, all efforts made thus far have been unsuccessful.  The only record obtained has been a NGB Form 22 showing service in the Army National Guard of Alabama.  In April 2015, the AMEDD Records Processing Center issued a DD Form 2963, Service Treatment Record Certification, indicating that “A thorough review of all known DoD or United States Coast Guard (USCG) systems, as appropriate, has been accomplished” and “it has been concluded that no further records exist for the service member as of the certification date of this form.”  In July 2015, the AOJ sent the appellant a letter informing him of the efforts that had been made to obtain his service treatment records and service personnel records, that those efforts had been unsuccessful, and that he may submit any such records he has in his possession.
However, a December 2014 Personnel Information Exchange System response from the National Personnel Records Center (NPRC) states, “Since this individual served or is serving in the National Guard suggest you contact the Adjutant General’s office for the state in which service was performed.”  There is no record that the AOJ contacted the Adjutant General’s office in Alabama, as suggested by the NPRC.  Therefore, the case must be remanded so that the AOJ may request all service treatment and personnel records from the Adjutant General’s office in Alabama.
The matters are REMANDED for the following action:
Request from the office of the Adjutant General of Alabama all service personnel records, service treatment records, and any other documents that may verify the appellant’s periods of active service, active duty for training, and inactive duty for training with the Army National Guard of Alabama and/or the United States Army.  The request and any replies must be documented in the record.
If, after all procedurally appropriate actions to locate and secure the records have been exhausted and it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile, make a formal finding to that effect.  The AOJ must also provide the appellant with proper written notice that the records could not be obtained.  See 38 C.F.R. § 3.159(e).
 
MICHAEL MARTIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. J. Anthony, Counsel