Citation Nr: A20003158
Decision Date: 03/19/20	Archive Date: 03/19/20

DOCKET NO. 190517-57459
DATE: March 19, 2020

REMANDED

Entitlement to service connection for right leg injury is remanded.

Entitlement to service connection for right foot pain is remanded.

REASONS FOR REMAND

The Veteran was a member of the Illinois National Guard from July 1973 to July 1982. See Certificate of Release (May 2016). He served on active duty for training (ACDUTRA) from October 1973 to May 1974 and March 1978 to November 1978. Id (September 2014, May 2016).

This case comes before the Board of Veteran’s Appeals (Board) on appeal of a March 2019 decision by a Department of Veterans Affairs (VA) Regional Office (RO). See Statement of the Case (SOC) (March 2019).  In response to the SOC, the Board received in May 2019 VA Form 10182 (Notice of Disagreement) reflecting that the Veteran sought Direct Review by a Veteran Law Judge under the modernized review system.  38 C.F.R. § 19.2(d).

This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c).  38 U.S.C. § 7107(a)(2).

1.   Entitlement to service connection for right leg injury is remanded.

2.   Entitlement to service connection for right foot pain is remanded.

Prior to the decision on appeal, the record shows that relevant outstanding service records were identified as possibly with the Adjutant Generals Office in the state where he or she served and that no attempt was made to obtain such records.  A remand is required to allow VA to obtain these records.

In this case, the Veteran indicated that his right leg and right foot injuries had onset during his ACDUTRA. His claims file does not appear to contain his complete service personnel and/or treatment records for his period of service in the National Guard. A January 2016 Personnel Information Exchange System (PIES) response notified the RO that the Veteran’s records were not with the National Personnel Records Center (NPRC) and that, “[s]ince this Veteran only served in the National Guard, we suggest contacting Adjutant Generals Office in the state where he or she served.” See VA 21-3101 (January 2016).

The record does not suggest that such a request has been made.  In order for VA to satisfy its duty to assist, a remand is required to obtain the Veteran’s National Guard personnel and service treatment records.

The matters are REMANDED for the following action:

Obtain the Veteran’s complete service personnel and service treatment records, to include documents pertaining to his service in the Illinois National Guard from July 1973 to July 1982.  

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Document all requests for information as well as all responses in the claims file.  

 

 

C.A. SKOW

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C.E., 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.