Citation Nr: 19159481
Decision Date: 07/31/19	Archive Date: 07/31/19

DOCKET NO. 14-35 514A
DATE: 	July 31, 2019

REMANDED

The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a lumbar spine disability is remanded.

REASONS FOR REMAND

The Veteran had active service from December 1975 to February 1976.

Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a lumbar spine disability is remanded.

The Veteran testified that he was medically separated from the military because of a back injury sustained in January 1976 and that he received continuous treatment for his back at various VA medical centers (VAMCs) after discharge. The Veteran’s claims file does not contain any service personnel documents, to include a copy of his DD 214, nor his separation examination records. Additional development is necessary to evaluate the Veteran’s claim. 

The matter is REMANDED for the following action:

1. Request the Veteran provide any service treatment records he possesses that are not in the claims file.

2. Obtain any outstanding VA medical records and associate them with the claims file, to include records located at any VA facility located in Maywood, Illinois, in 1976 and any other VA medical facilities in the Chicago, Illinois area. The claims file contains a negative response from Hines VAMC for a request of records from July 1, 1981, to July 31, 1981. The Veteran’s Authorization Release Form VA 21-4142 indicates he requested records from July 1981 to November 2003. Confirm that all records indicated on the Veteran’s numerous release forms have been appropriately requested and uploaded into the claims file. 

3. Make all appropriate attempts to locate the Veteran’s military personnel records, his DD 214, and any service medical records that are not in the claims file. In particular, attempt to locate the Veteran’s February 1976 separation examination report and any documents that detail the nature of the Veteran’s discharge from service.

4. Conduct any appropriate further development, to INCLUDE ANY MEDICAL INQUIRIES, and follow all other appellate procedures. 

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112 (West 2014).

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	S. Anwar, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.