Citation Nr: 20028076
Decision Date: 04/22/20	Archive Date: 04/22/20

DOCKET NO. 12-27 030
DATE: April 22, 2020

REMANDED

Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for residuals of left leg fracture is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2004 to March 2005.

This matter again comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts.

The Veteran testified before the undersigned Veterans Law Judge (VLJ) in April 2017; a transcript is of record.  The Board previously remanded this matter in September 2017.

Unfortunately, another remand is warranted in this case.  In September 2017, the Board requested that the Veteran’s complete service treatment records, to include from his Army National Guard and Army Reserve service, be obtained.  The RO made a request for his available service treatment records, but the Board is unable to locate a response in the file.  Further, personnel records obtained pursuant to the remand show that the Veteran served in the Massachusetts Army National Guard from February 5, 1999 to March 31, 2002 and in the U.S. Army Reserve from April 1, 2002 to June 4, 2010.  However, none of the medical treatment records associated with this service were provided.  Of note, an October 12, 2006 VA treatment record indicates that the Veteran had an upcoming physical training (PT) test and that he had a permanent rod in his leg.  He stated that his sergeant wanted him to have a profile.  Again, on remand the Veteran’s complete service treatment records, to include from his Army National Guard and Army Reserve service, must be obtained.

The matters are REMANDED for the following action:

1. Make arrangements to obtain the Veteran’s complete service treatment records (to include all clinical records) for his periods of active duty from November 1979 to February 1980 and from January 2004 to March 2005. 

All actions to obtain the requested records must be fully documented in the claims file. 

(Continued on the next page)

 

2.  The Veteran served in the Massachusetts Army National Guard from February 5, 1999 to March 31, 2002 and in the U.S. Army Reserve from April 1, 2002 to June 4, 2010.  See DPRIS Response for further details, received 9/18/2017.  Make arrangements to obtain the Veteran’s complete medical treatment records associated with this service.

All actions to obtain the requested records must be fully documented in the claims file.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Seserman

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.