Citation Nr: 20005809 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 16-38 198 DATE: January 23, 2020 REMANDED Entitlement to a rating greater than 10 percent for tinea versicolor is remanded. Entitlement to service connection for a heart disorder is remanded. Entitlement to service connection for a sinus disorder is remanded. Entitlement to service connection for a headache disorder is remanded. Entitlement to service connection for audiological conditions is remanded. Entitlement to service connection for an acquired psychiatric disorder is remanded. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for pyloric ulcer channel ulcer and malnutrition is remanded. Entitlement to service connection for a right knee condition is remanded. Entitlement to service connection for a left knee condition is remanded. REASONS AND BASES FOR REMAND The Veteran served on active duty in the Army from April 1956 to April 1958. This matter before the Board of Veterans’ Appeals (Board) is on appeal from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama (Agency of Original Jurisdiction (AOJ)). These matters were previously before the Board in April 2019. The Board granted on the issue of entitlement to service connection for bilateral pes planus and remanded on the aforementioned issues to seek treatment records and Social Security Administration (SSA) records. SSA responded to the AOJ’s request for records and revealed that there were no medical records in its possession. The AOJ also attached to the record VA treatment records from 2014. The Board’s remand noted that the Veteran had a history of VA treatment dating since 1965 and that, at the time of the Board’s remand, records VA records were last obtained in 1977. The remand directives requested clarification with the Veteran if he had obtained treatment since 1977 and, if so, to obtain all identified records. The AOJ sent the Veteran a development letter in July 2019 requesting him to identify the dates of his VA treatment, and the Veteran called in August 2019 informing the AOJ that he had no additional information to give for his claim. Unfortunately, there is no documentation of a discussion with the Veteran concerning the dates of his VA treatment and there is no indication that the AOJ investigated further whether VA records existed prior to 2014. Here, the record strongly suggests the Veteran’s treatment with VA prior to 2014 and, notably, VA records are deemed in the constructive possession of VA. Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). The Board finds that remand is necessary to ensure that VA’s duty to obtain VA treatment records has been satisfied. The matters are REMANDED for the following action: 1. Obtain any updated VA treatment records, and request both electronic and hardcopy records from the Montgomery, Alabama VA Medical Center (VAMC) from 1977 to 2014. The record must reflect that a specific request for records from 1977 was made and that the custodian of records specifically indicates the existence or unavailability of such records dated back to 1977. 2. Thereafter, readjudicate the claims. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Victoria A. Narducci, 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.