Citation Nr: 18161061
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 15-09 903
DATE:	December 28, 2018

REMANDED

Entitlement to service connection for a low back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1965 to January 1969.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in in Nashville, Tennessee.

In June 2018, the Veteran testified at a Board hearing via videoconference before the undersigned Veterans Law Judge.  A transcript of that hearing is associated with the record.

1. Entitlement to service connection for a low back disability is remanded.

The Veteran is seeking service connection for a low back disability.  He contends that he injured his back in a truck accident while in service.  Service treatment records show that he complained of back pain for a week in May 1968.  During his July 2018 Board hearing, he testified that he has experienced intermittent back pain ever since that time and that he was treated by a private physician, a Dr. Webb in Johnson City in the 1970s and 1980s.  Although the Veteran indicated that he could no longer recollect the exact dates of these treatment and that Dr. Webb passed away several years ago, the RO must make an attempt to obtain any outstanding private treatment records to full VA’s duty to assist.  38 C.F.R. § 3.159(c)(1).

The matter is REMANDED for the following actions:

1. Obtain and associate with the claims file any updated records from the Mountain Home VA Medical Center in Johnson City, Tennessee, dated from May 2015 to the present.  All records and/or responses received should be associated with the claims file.

2. The RO must request that the Veteran identify all non-VA medical providers who have treated him for his claimed disabilities since separation of service.  The RO must then obtain copies of the identified medical records that are not already in the claims folder.  In particular, the Board is interested in obtaining all treatment records relating to the Veteran’s back disability from Dr. Webb dated from the 1970s.

All attempts to secure this evidence must be documented in the claims file by the RO.  If, after making reasonable efforts to obtain named records the RO is unable to secure same, the RO must notify the Veteran and (a) identify the specific records the RO is unable to obtain; (b) briefly explain the efforts that the RO made to obtain those records; and (c) describe any further action to be taken by the RO with respect to the claim, and (d) that he is ultimately responsible for providing the evidence. The Veteran must then be given an opportunity to respond.

3. After completing the above, readjudicate the claim.  If the benefit sought on appeal remains denied, provide an additional supplemental statement of the case to the Veteran, and return the appeal to the Board for appellate review, after the Veteran and his representative have had an adequate opportunity to respond.

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	M. J. In, Counsel