Citation Nr: 19111237 Decision Date: 02/12/19 Archive Date: 02/12/19 DOCKET NO. 15-39 072 DATE: February 12, 2019 REMANDED Entitlement to service connection for residuals of low back injury, status post-operative, is remanded. REASONS FOR REMAND VA received the Veteran’s claim in March 2012, and asked pursuant to the first request of the, the to provide all service medical and dental records (08/02/2012 VA 21-3101). In a statement also dated in August 2012, the Veteran informed the Agency of Original Jurisdiction (AOJ) that VA had informed him that VA lost his medical records in a fire (08/13/2012 VA 21-4138). Prior to any record of a reply from the National Personnel Records Center (NPRC), in an October 2012 rating decision, the AOJ denied the claims (10/15/2012 Rating Decision). In the rating decision, the AOJ noted that although he may have been told that his records were fire related, the available evidence showed that his active service was outside the window for fire-related records. Further, VA had his complete service records, and they did not contain any evidence to support his claim of an in-service injury (Id., Codesheet). Hence, the claim was denied. A Deferred rating decision reflects that the AOJ noted the records provided related solely to the National Guard, and that the NPRC noted that all available records were provided; there had not been a search for records of the treatment the Veteran claimed he received for a motor vehicle accident in April 1968 in a German civilian hospital. See 11/20/2013 Deferred Rating; 01/15/2014 STR-Medical, P. 2. The AOJ requested the NPRC to provide any records extant and was informed that a search revealed no records related to the request. See 01/15/2014 21-3101. The AOJ entered a Formal Finding of non-availability of records solely as concerned any records related to treatment in a German hospital. See 07/21/2015 Notification. Entitlement to service connection for residuals of low back injury is remanded. The Veteran had active service from September 1966 to June 1968, which is in fact outside the window for veterans’ records that may have been destroyed in the 1973 fire. Nonetheless, the claims file does not reflect any determination by either the NPRC or the AOJ that the Veteran’s service treatment records (STRs) for his active service are in fact unavailable, and neither are there any indications that the Veteran was informed of the available alternative avenues for obtaining his STRs. There is no indication in the file that the military personnel records were requested. CONTINUED ON THE NEXT PAGE   The matter is REMANDED for the following action: 1. The AOJ shall take any necessary steps to obtain the Veteran’s STRs and military personnel records for his active service from September 1966 to June 1968 or document that they are in fact unavailable and the reason why, if ascertainable. The Veteran must be informed of any alternative means of obtaining any of his outstanding records. 2. If, as a result of the above action or otherwise, treatment or complaints referable to the low back, or related to an in-service motor vehicle accident, are indicated than schedule the Veteran for an orthopedic examination. The examiner should note all current diagnoses and opine whether it is at least as likely as not that any current back disorder had its onset in active service or is otherwise related to any incident therein. A clear rationale should be provided for all opinions offered. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD W.T. Snyder