Citation Nr: 18158634
Decision Date: 12/17/18	Archive Date: 12/17/18

DOCKET NO. 16-63 187
DATE:	December 17, 2018
REMANDED ISSUES
Entitlement to service connection for left hand tendonitis is remanded.
Entitlement to service connection for fatigue is remanded.
Entitlement to service connection for menstrual disorders leading to a hysterectomy is remanded.
Entitlement to service connection for difficult childbirths is remanded.
Entitlement to service connection for migraines is remanded.
Entitlement to service connection for a low back disability is remanded.

REASONS FOR REMAND
The Veteran had active duty service from September 1990 to September 1992.
As a threshold matter, the Board notes that the applicable law and regulations require that a timely Notice of Disagreement (NOD) must identify the specific issues disagreed with.  In the Veteran’s August 2015 NOD, the Veteran did not appeal the RO’s decision pertaining to her claim of service connection for a low back disability.  This was reiterated in an August 2015 written correspondence from the Veteran’s representative.  Although the Board does not have the discretion to waive the requirement of the filing of an NOD, the Board recognizes that the RO clearly interpreted the NOD that was filed to include the back claim; therefore, the Board will not dispute that finding and will proceed with adjudication of the Veteran’s service connection claim for a back disability.  
After thoroughly reviewing the evidence of record, the Board finds that remand is warranted to obtain outstanding private treatment records.  
In particular, the Board notes that in the Veteran’s June 2015 examination for headaches, the Veteran reported that she sought private treatment for migraines after service.  Additionally, in a February 2017 written correspondence, the Veteran reported that she stopped seeing her VA doctor and had enclosed medical records from her private health care provider.  However, there are no medical records attached to the correspondence, nor have any records been submitted in close proximity thereto.  She further reported receiving private medical care for the birth of her first child which she contends resulted in birth defects that were caused by her service.  Likewise, none of these records are of evidence.  
VA has an outstanding duty to assist the Veteran in obtaining evidence that is potentially relevant to the issues on appeal.  See 38 C.F.R. § 3.159 (c)(1), (c)(2) (2017).  As these records have been identified and are not of evidence, nor is there evidence that attempts have been made to retrieve these records, remand is necessary to attempt to retrieve these records as they may be relevant to the Veteran’s claims.
The matters are REMANDED for the following action:
1. Obtain any outstanding VA treatment records and associate the same with the Veteran’s claims file.
2. Undertake appropriate development to obtain any outstanding private treatment records.  The Veteran’s assistance should be requested as needed.  All obtained records should be associated with the evidentiary record.  If the AOJ cannot obtain records identified by the Veteran, a notation to that effect should be inserted in the file.  The Veteran is to be notified of unsuccessful efforts in this regard, in order to allow her the opportunity to obtain and submit those records for VA review.
3. After any additional records have been associated with the claims folder, develop the claims accordingly to the extent necessary.   
4. Then, readjudicate the claims remaining on appeal.  If any benefit sought remains denied, the AOJ should issue an appropriate supplemental statement of the case and afford the Veteran and his representative the opportunity to respond.  The case should then be returned to the Board for further review.

 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Department of Veterans Affairs