Citation Nr: 20051803 Decision Date: 08/04/20 Archive Date: 08/04/20 DOCKET NO. 17-11 087 DATE: August 4, 2020 REMANDED Entitlement to service connection for a right leg disability is remanded. Entitlement to service connection for a right ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1954 to May 1957. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented testimony on these issues at a September 2019 video conference hearing held at his local RO before the undersigned Veterans Law Judge (VLJ). A transcript is of record. During the hearing the Veteran made statements regarding a back disability as secondary to his right leg disorder. That matter is referred to the RO for any appropriate action. 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 a right leg disability 2. Entitlement to service connection for a right ankle disability While the Board regrets further delay, a remand is needed for additional development. This is necessary to ensure that there is a complete record upon which to decide the Veteran’s appeal and that he is afforded every possible consideration. More specifically, the Board finds that a remand is warranted to attempt to obtain additional medical records to substantiate his claim. VA has a duty to assist claimants with obtaining evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. This includes making reasonable efforts to obtain relevant medical records, as well as official records in the custody of a Federal department or agency. 38 C.F.R. § 3.159(c)(1), (2). As part of its duty to assist claimants, VA must also notify claimants of its inability to obtain records, as well as the identity of records VA was unable to obtain, an explanation of the efforts VA made to obtain the records, a description of any further action VA will take regarding the claim, and a notice that the claimant is ultimately responsible for providing the evidence. Id. § 3.159(e)(1). For purposes of VA’s duty to notify claimants, notice to the claimant also means notice to a claimant’s representative, if any. Id. § 3.159(f). In January 2014, the RO sent the Veteran a copy of VA Form 21-4142, which he signed and returned in January 2014 without reporting any specific provider or treatment information. However, throughout the appeal period, the Veteran has maintained that he was hospitalized several times for his right leg and right ankle conditions in Army hospitals during basic training in Fort Ord, California in June or July 1954 and 1956, and in Germany in 1956 while training in Grafenwoehr. See, September 2019 Hearing Transcript, February 2017 Statement in Support of Claim, August 2014 Request for Information Needed to Reconstruct Medical Data and January 2014 Statement in Support of Claim. While several attempts have been made to obtain the Veteran’s service treatment reports, it does not appear that the RO attempted to obtain records from Army hospitals in Fort Ord or in Grafenwoehr specifically, or if necessary, to contact the Veteran to request another Form 21-4142 authorizing the release of these hospitalization records. As these records are potentially relevant to his service connection claims and documentation for such is not of record, a remand is necessary for the RO to undertake efforts to obtain the Veteran’s hospital records. The matters are REMANDED for the following action: Attempt to procure and associate with the claims file any outstanding, relevant hospital treatment records identified by the Veteran. Specifically, hospitalization records from the Army Medical Hospital associated with Fort Ord, California in June or July 1954 and 1956, and an Army Medical Hospital associated Grafenwoehr, Germany in 1956. If any requested records are not available, or if the search for any such records otherwise yields negative results, all efforts made should be clearly documented in the claims file. The Veteran and his representative must be notified of the attempts made and allowed the opportunity to provide such records. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Battaile 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.