Citation Nr: 21000420 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 10-08 843 DATE: January 5, 2021 REMANDED Entitlement to service connection for a back disability, with manifestations to include ankylosing spondylitis, degenerative disc disease, degenerative joint disease, sacroiliitis and residual back pain; body and muscle pain; arm numbness; a skin rash; chronic fatigue; shortness of breath; headaches; chest pain; and a sleep disorder premised on theories of entitlement unrelated to the presumption for undiagnosed illness contracted by Persian Gulf War Veterans, is remanded. Entitlement to service connection for memory loss due an undiagnosed illness is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1992 to August 1996. These matters come before the Board of Veterans' Appeals (Board) on appeal from a November 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. In April 2017, the Board denied the claims. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2018 Order, the Court granted a Joint Motion for Partial Remand (JMPR) of the parties (the Secretary of VA and the Veteran). The JMPR vacated the Board's decision with respect to the above claims, and remanded the claims to the Board for re-adjudication consistent with the JMPR. In June 2018 and December 2019, the Board remanded these claims. As explained below, the development has not been satisfactorily completed and another remand is necessary. Entitlement to service connection for a back disability with manifestations to include ankylosing spondylitis, degenerative disc disease, degenerative joint disease, sacroiliitis and residual back pain; body and muscle pain; arm numbness; a skin rash; chronic fatigue; shortness of breath; headaches; chest pain; and a sleep disorder premised on theories of entitlement unrelated to the presumption for undiagnosed illness contracted by Persian Gulf Veterans, is remanded. Entitlement to service connection for memory loss due to an undiagnosed illness is remanded. Although the Board regrets the additional delay, a remand is needed to ensure substantial compliance with the Court and Board remand instructions. Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008) (it is only substantial compliance, rather than strict compliance, with the terms of a remand that is required). The prior remands instructed the agency of original jurisdiction (AOJ) to request all 1997 to 1999 Marion, Indiana VA Medical Center (Marion VAMC) treatment records for the Veteran from the National Archives and Records Administration (NARA). The remands were based upon an August 2009 Marion VAMC report stating that these records were sent to NARA in November 2005. The AOJ obtained an October 2020 NARA letter. It stated that the response concerned the Veteran’s medical records from 1997 to 1999. It noted the timeframes in which NARA had custody of service treatment records (STRs) for Navy Veterans and referred the request to the National Personnel Records Center (NPRC). The Board finds that the October 2020 NARA letter is unresponsive to the search request. The October 2020 NARA response does not confirm that a search for Marion VAMC treatment records for the Veteran from 1997 to 1999 was conducted or that NARA does not have Marion VAMC records from 1997 to 1999 in its custody. Given VA's obligation to exhaust all search efforts in locating Federal records and the specific prior remand instructions, another NARA response is required. The NARA response must show that a search was conducted for the Veteran’s Marion VAMC treatment records from 1997 to 1999 or that NARA does not store such records. The matters are REMANDED for the following action: 1. Contact the National Archives and Records Administration (NARA) and request all Marion VAMC treatment records that pertain to the Veteran from 1997 to 1999. Document all correspondence. 2. If the above dated Marion VAMC records are not received, review the NARA response to ensure that it confirms that either a complete search of Marion VAMC records from 1997 to 1999 was conducted without success and further search efforts would be futile or the above dated Marion VAMC records are not stored at NARA. Jonathan Hager Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. D. Simpson, 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.