Citation Nr: 20021072
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 17-54 124
DATE: March 24, 2020

REMANDED

Entitlement to service connection for right knee disability is remanded.

Entitlement to service connection for upper back (neck) condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2003 to December 2003, from November 2006 to May 2007, and from December 2007 to January 2009.  This matter is on appeal from a July 2013 decision.  The Veteran presented testimony before the Board in March 2020.

During the March  2020 Board hearing, the Veteran identified relevant outstanding private treatment records.  Notably, the Veteran maintains that he is currently receiving treatment for his upper back/neck and knee.  The Board notes the last private treatment records are dated in 2017.  A remand is required to allow VA to obtain authorization and request updated records.

The Veteran has raised an additional claim that his upper back/neck disability is secondary to a traumatic brain injury (TBI) sustained in service.  In the case at bar, the Veteran has not yet been service-connected for TBI.  He filed a claim for such disability in March 2020.  Thus, the Veteran’s claim of secondary service-connection for upper back/neck disability is premature and deferred pending development and adjudication of the claim of entitlement to service connection for TBI.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for private treatment for his upper back/neck and right knee disabilities from 2017 to the present.  Make two requests for the authorized records from the identified providers, unless it is clear after the first request that a second request would be futile.

2. Thereafter, and after any additional development necessary, to include ordering new examinations, and following adjudication of the claim for service connection for TBI, readjudicate the issues considering all evidence of record. If the benefit sought remains denied, provide the Veteran with a supplemental statement of the case, and return the case to the Board.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. L. Wallin, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.