Citation Nr: 20006397
Decision Date: 01/29/20	Archive Date: 01/27/20

DOCKET NO. 13-28 916
DATE: January 29, 2020

REMANDED

Entitlement to service connection for migraine headaches is remanded.

Entitlement to service connection for high blood pressure (hypertension) is remanded.

Entitlement to service connection for a right knee disability is remanded.

Entitlement to service connection for obstructive sleep apnea is remanded.

REASONS FOR REMAND

The Veteran had active duty service in the United States Army from June 1980 to February 1985.

1.  Entitlement to service connection for migraine headaches

2.  Entitlement to service connection for high blood pressure (hypertension)

3.  Entitlement to service connection for a right knee disability

4.  Entitlement to service connection for obstructive sleep apnea

The above claims were denied by the Board in a March 2018 determination.  The Veteran appealed that determination to the United States Court of Appeals for Veterans Claims (Court) and in a July 2019 Joint Motion for Partial Remand (JMR) the parties requested that the aspect of the March 2018 Board determination with respect to the above issues be vacated and remanded to the Board for additional development.  In an August 2019 Order the Court granted the JMR.  

In relevant part, the JMR found that VA had failed in its duty to assist the Veteran.  Specifically, the JMR noted that in February 2013 the Veteran had informed VA that he had received treatment from Martin Army Hospital.  Although the claims file included an internal request to retrieve the records, but the record did not show “evidence of a request made to the Martin Army Hospital or an explanation from [VA] as to why it was unable to retrieve the records.  Accordingly, remand is required for the Board to ensure that a proper effort was made to retrieve the records requested by [the Veteran].”

In light of the foregoing, the Board concludes that a remand is necessary to attempt to obtain records from Martin Army Hospital.

The matters are REMANDED for the following action:

1.  Request all medical records for the Veteran from Martin Army Hospital, as discussed in the February 2013 VA Form 21-6789-E.  All efforts to obtain these records must be documented in the electronic claims file, and of not obtained, the RO must explain why it was unable to retrieve the records.

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2.  After completing the foregoing and any additional development deemed necessary, readjudicate the Veteran’s claims.  If a complete grant of the benefits sought is not granted issue a Supplemental Statement of the Case (SSOC) to the Veteran and his representative.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. J. Houbeck, 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.