Citation Nr: 18159512
Decision Date: 12/20/18	Archive Date: 12/19/18

DOCKET NO. 16-58 492A
DATE:	December 20, 2018
REMANDED
The claim of entitlement to service connection for lower back disability is remanded.
The claim of entitlement to service connection for left knee disability is remanded.
The claim of entitlement to service connection for right knee disability is remanded.
The claim of entitlement to service connection for chronic obstructive pulmonary disease (COPD) (also claimed as breathing problems) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1978 to November 1982.
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by a U.S. Department of Veterans Affairs (VA) regional office (RO).  
A remand is warranted for additional development into the claims on appeal.  
On his July 2014 Statement in Support of Claim, the Veteran reported that he sustained injuries to his lower back and knees during service, and that he had breathing problems during service.  Moreover, he reported that he went to the naval hospital in San Diego, California for these problems.  
The Veteran’s service treatment records (STRs) are not included in the claims file.  The RO has determined that the STRs cannot be obtained.  In May 2015, the RO notified the Veteran that his STRs could not be obtained, and notified him of alternative sources of evidence that he could submit.  However, the U.S. Post Office returned the letter to the RO.  When service records are lost or missing or destroyed, in conjunction with a heightened duty to assist, VA must inform the Veteran that he can submit “alternative” sources in place of the missing service records.  See Washington v. Nicholson, 19 Vet. App. 362, 369-370 (2005).  
On remand, the RO should provide notification to the Veteran at his newest address of record, submitted to VA in June 2017.  The RO should also request directly from the naval hospital in San Diego any relevant medical evidence pertaining to this matter.   
The matters are REMANDED for the following action:
1. The RO should send the Veteran a VCAA notice letter notifying that he can submit alternative sources in place of the missing STRs.  This letter should advise him that such alternate evidence includes VA military files, statements from service medical personnel, buddy certificates or affidavits, state or local accident and police reports, employment physical examination reports, medical evidence from civilian/private hospitals, clinics, and physicians where or by whom he was treated, either during service or shortly after separation, letters written during service, photographs taken during service, pharmacy prescription records, and/or insurance examinations reports.  
2. The RO should request from the naval hospital in San Diego any medical evidence pertaining to the Veteran.   
	
 
CHRISTOPHER MCENTEE
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Wade, Associate Counsel