Citation Nr: 20040002 Decision Date: 06/11/20 Archive Date: 06/11/20 DOCKET NO. 14-37 475 DATE: June 11, 2020 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for rheumatoid arthritis is remanded. Entitlement to service connection for a hernia is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1980 to July 1983 and October 2007 to April 2008, with additional Reserve service in the Army National Guard. The Veteran appeals a February 2014 rating decision by the Agency of Original Jurisdiction (AOJ). The Board finds that further evidentiary development is necessary and remands the case to ensure compliance with the Board’s prior remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board notes the Veteran has a separate appeal pending with the Board. However, the Veteran requested a Board hearing for that appeal. Therefore, that appeal will be adjudicated in a separate decision. The April 2018 Board remand noted the Veteran’s service treatment records (STRs) were incomplete. In December 2018, the AOJ sent correspondence noting they were unable to identify STRs for the Veteran’s October 2007 to April 2008 active duty period of service, and asking the Veteran to submit alternative evidence or copies of service records in his possession. The correspondence did not mention the Veteran’s first period of active service. The Veteran responded and identified treatment records at the Parkersburg Community Based Outpatient Clinic (CBOC) as well as with an authorized fee basis provider. No action appears to have been taken to obtain the CBOC records or to identify the fee basis provider and obtain those records. In December 2019, the AOJ sent correspondence noting the Veteran’s STRs were not available and found further attempts would be futile. However, in the response received section from the National Personnel Records Center (NPRC), it stated “no response received.” A lack of response is an insufficient basis upon which to determine Federal records are not available. Moreover, as at least one period on appeal involves the West Virginia Army National Guard, efforts to contact them, in addition to the Veteran’s individual unit, must be undertaken. The Board notes the Veteran has submitted copies of many service records, and he should be asked again to supply complete copies of all service records in his possession. Furthermore, if the STRs were not obtained, the AOJ was to send the Veteran a letter informing him that he can submit alternative evidence. This verbiage was not included in the December 2019 correspondence sent to the Veteran. Remand is required to address the above deficiencies as instructed by the April 2018 Board remand. The matters are REMANDED for the following action: 1. Contact the Veteran and request copies of complete service records in his possession. 2. Associate with the claims file copies of treatment records from the Parkersburg CBOC. 3. Take appropriate steps to identify the fee basis provider seen by the Veteran, as referenced in his March 2019 Report of General Information, and to obtain such records if not included in VA records already. 4. Undertake appropriate efforts to locate and secure complete copies of all service treatment and personnel records from 1980 to 2011. a)Records from July 1980 to July 1983 involve service in the United States Army; he was subsequently a Reservist for approximately 20 years. Requests of NPRC and RMC, through DPRIS, PIES, or other appropriate vehicle must be made and documented. b) From August 2006 to December 2009, the Veteran was a member of the West Virginia Army National Guard, with a period of Federal duty from October 2007 to April 2008. Requests of the State Adjutant General’s office, the Veteran’s individual unit(s), NPRC and RMC (through DPRIS, PIES, or other appropriate vehicle) must be made and documented. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or futility in making further attempts to obtain them must be verified and documented in the record and the Veteran notified accordingly. If the records are not obtained, send the Veteran a letter informing him of that fact and informing him that he can submit evidence in lieu of his STRs to include, but not limited to, statements from service medical personnel, VA military files, medical evidence from hospital, clinics and private physicians who treated the Veteran, pharmacy prescription records, employment physical examinations, insurance examinations, letters written during service, photographs taken during service, and buddy certificates or affidavits. Allow for an appropriate period of time for him to respond. 5. After all the above development is completed to the extent possible, readjudicate the claims on appeal, to include securing further examination if warranted by records obtained in response to the above. If the benefit sought remains denied, issue a supplemental statement of the case and return the matter to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Zheng, 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.