Citation Nr: 21000538
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 16-57 470
DATE: January 5, 2021

REMANDED

Entitlement to service connection for a right hip condition is remanded.

Entitlement to service connection for a right knee condition is remanded.

Entitlement to service connection for a right leg condition is remanded.

REASONS FOR REMAND

This matter comes before the Board of Veterans' Appeals (Board) from a June 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In July 2017, the Veteran testified at a video teleconference before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

The Board remanded the claim in September 2017 for further development. In June 2019, the Board denied these issues which were appealed to the Court of Appeals for Veterans Claims (CAVC). 

In July 2020, CAVC granted the parties' Joint Motion for Remand (JMR), vacated the June 2019 Board decision, and remanded the appeal to the Board.

1. Entitlement to service connection for a right hip condition is remanded.

2. Entitlement to service connection for a right knee condition is remanded.

3. Entitlement to service connection for a right leg condition is remanded.

The parties to the JMR agreed that the record does not reflect: a formal finding that service treatment records do not exist or that further efforts to obtain those records would be futile; or that the Veteran was sent notice of the formal finding; or that the Veteran was provided with the opportunity to respond to the formal finding. The parties agreed that this JMR and its language are the product of the parties’ negotiations. Thus, the appeal is remanded to comply with the JMR on this basis only. See Carter v. Shinseki, 26 Vet. App. 534, 543 (2014).

The matters are REMANDED for the following action:

1. Pursuant to the June 2020 JMR, the RO must make a formal finding that the Veteran’s service treatment records are unavailable. The RO must also send the Veteran and his representative notice of the formal finding and provide the opportunity to respond to the formal finding. 

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Edwin B. Esmenda, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.