Citation Nr: 20061925 Decision Date: 09/21/20 Archive Date: 09/21/20 DOCKET NO. 15-05 620 GDATE: September 21, 2020 REMANDED Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Marine Corps from April 1967 to April 1971. He had service in the Republic of Vietnam and is a recipient of the Purple Heart Medal and Combat Action Ribbon. In June 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. This matter was most recently before the Board in December 2018, at which time it was remanded for additional development. Regrettably, for the reasons discussed below, yet another remand is necessary. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records, VA medical records, records from facilities with which the VA has contracted, and records from Federal agencies such as the Social Security Administration. 38 C.F.R. § 3.159 (c)(2). In this case, in its December 2018 remand instructions, the Board directed the Agency of Original Jurisdiction (AOJ) to obtain all outstanding service treatment records (STRs), “to specifically include the Veteran’s entrance and discharge examinations, as well as treatment records related to the incident(s) for which the Veteran was afforded the Purple Heart Medal and the Combat Action Ribbon.” The Board further directed that if complete STRs could not be found, that the AOJ was to issue a formal finding of unavailability, notify the Veteran that his records could not be located, and inform the Veteran that he may provide alternative forms of evidence to support his claim. In accordance with the Board’s remand instructions, the AOJ obtained additional STRs and military personnel records. Unfortunately, the STRs did not include enlistment and discharge examination reports. Additionally, while the personnel records include some additional information concerning the Veteran’s Purple Heart, there is still no information detailing the injury for which he received the medal. As the December 2018 Board decision noted, this information is particularly relevant to the Veteran’s claim. However, the AOJ did not issue a formal finding of unavailability notifying the Veteran that these records could not be located and informing him he may provide alternative forms of evidence to support his claim. Accordingly, the matter is REMANDED for the following actions: 1. Obtain all outstanding service treatment records (STRs), to specifically include the Veteran’s entrance and discharge examinations, as well as treatment records related to the incident(s) for which the Veteran was afforded the Purple Heart Medal and Combat Action Ribbon. The efforts undertaken should be documented together with the responses received. If complete STRs cannot be obtained, issue a formal finding of unavailability, notify the Veteran that that his records could not be located, and inform him that he may provide alternative forms of evidence to support his claim. 2. Then readjudicate the issue on appeal. If the benefit sought is not granted, provide the Veteran and his representative a supplemental statement of the case and afford them adequate opportunity to respond. Then, return the case to the Board for further appellate action. L. CHU Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. T. Raftery, 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.