Citation Nr: 18159066
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 13-10 789
DATE:	December 18, 2018
REMANDED
Entitlement to service connection for a low back disability, claimed as a residual of injury, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1976 to June 1979.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a July 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco Texas.
In December 2016, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.
This matter was previously denied by the Board in a June 2017 decision, and the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court).  Pursuant to a July 2018 Joint Motion for Remand (Joint Motion), the Court vacated the Board’s decision with respect to the denial of his claim and returned the claim to the Board for further action. 
1. Entitlement to service connection for a low back disability, claimed as a residual of injury, is remanded.
The July 2018 Joint Motion found that VA failed in its duty to assist the Veteran in obtaining private treatment records from a Dr. Sandknopfp and a Dr. Chang.  The Court noted that a single telephone call was made to the former’s office prior to its operating hours, and there is no evidence that the latter was ever contacted to obtain records.  The Court indicated that remand was necessary for sufficient attempts to obtain the records.  See Stegall v. West, 11 Vet. App. 268 (1998).  As such, the matter is remanded for further action. 
The matter is REMANDED for the following action:
1. Take appropriate steps, in coordination with the Veteran, in order to obtain and associate with the record all treatment records from Dr. Sandknopfp and Dr. Chang.  All steps taken and subsequent responses should be documented in the record and the Veteran should be informed of any negative response.  The Veteran should also be notified that he may also submit medical evidence and clinical records to support his claim.
2. After completing all indicated development, readjudicate the claim on appeal in light of all of the evidence of record.  If the benefit sought on appeal remains denied, then the Veteran and his representative 
 
should be furnished a fully responsive Supplemental Statement of the Case and afforded the appropriate period for response.
 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Baker, Associate Counsel