Citation Nr: 21003109 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 17-64 628 DATE: January 19, 2021 ORDER New and material evidence having been submitted, the claim of entitlement to service connection for left knee arthritis is reopened. New and material evidence having been submitted, the claim of entitlement to service connection for a right shoulder condition is reopened. REMANDED Entitlement to service connection for a left knee condition is remanded. Entitlement to service connection for a right shoulder condition is remanded. Entitlement to service connection for a right ankle condition is remanded. FINDINGS OF FACT 1. An October 2013 Statement of the Case (SOC) denied the Veteran’s claim for service connection for left knee arthritis. The Veteran did not perfect his appeal; thus, the decision became final. At the time of the October 2013 SOC, the Agency of Original Jurisdiction (AOJ) found the Veteran did not have an in-service event. Since then, the Veteran contends his left knee condition is related to an in-service injury. This evidence is new and material and raises a reasonable possibility of substantiating the claim. 2. An October 2013 SOC denied the Veteran’s claim for service connection for a right shoulder condition. The Veteran did not perfect his appeal; thus, the decision became final. At the time of the October 2013 SOC, the AOJ found the Veteran did not have an in-service event. Since then, the Veteran contends his right shoulder condition is related to an in-service injury. This evidence is new and material and raises a reasonable possibility of substantiating the claim. CONCLUSIONS OF LAW 1. New and material evidence has been received to reopen the claim of entitlement to service connection for a left knee condition. 38 U.S.C. § 7105 (2018); 38 C.F.R. §§ 3.104, 3.156, 20.302 (2020). 2. New and material evidence has been received to reopen the claim of entitlement to service connection for a right shoulder condition. 38 U.S.C. § 7105 (2018); 38 C.F.R. §§ 3.104, 3.156, 20.302 (2020). REASONS FOR REMAND The Veteran served on active duty with the Army from July 1979 to September 1979 and was honorably discharged. He also served with the Army National Guard of Illinois from May 1979 to May 1982. After his National Guard service, the Veteran was assigned to the Army Reserve from May 1982 to February 1986. See February 1986 Orders. The Veteran appeals an April 2015 rating decision by the AOJ denying entitlement to service connection for left knee arthritis, a right shoulder condition, and a right ankle condition. A Board of Veterans’ Appeals (Board) hearing was held in November 2020. A transcript is of record. The Veteran contends he incurred injuries to his left knee and right shoulder and ankle during periods of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA) while serving for the National Guard; however, the dates the Veteran provided span from July 1982 to the summer of 1985, dates the record reflects he served in the Army Reserve. For example, the Veteran testified his left knee and right ankle conditions occurred when he was hit by a tank in July “1983 [or] 1984” during ACDUTRA at Fort Campbell, Kentucky. See November 2020 Board hearing transcript at 2-4. He also told his physician “he sustained an injury to his left knee at the age of 25 or 27…when apparently a tank backed up into his knee.” See March 2012 Dr. S.S. letter. The record reflects the Veteran was 25 years old during his time with the Reserve. The Veteran testified to a second incident that occurred “the next year” where he fell off a truck and injured his shoulder while “training for the National Guard.” See November 2020 Board hearing transcript at 5. However, the Veteran also noted this event occurred earlier in July “1982 or 1983” where he fell off a truck during field exercises and injured his left knee in addition to his right shoulder. See October 2015 Veteran correspondence; see also October 2015 notice of disagreement (NOD). Unfortunately, the Board cannot properly adjudicate the Veteran’s appeal as the records for the aforementioned dates, July 1982 through 1985, have not yet been obtained. VA has a duty to assist the Veteran in the procurement of relevant records and will make as many requests as are necessary to obtain relevant records from a Federal department or agency. 38 C.F.R. § 3.159(c). The AOJ requested records directly from the Illinois Army National Guard and was instructed to contact the St. Louis Medical Records Archive. See April 2013 Illinois Army National Guard letter. It does not appear this step was taken to procure the Veteran’s National Guard records. More importantly, the record reflects the Veteran was discharged from the National Guard in May 1982 and then served in the Reserve until his discharge in February 1986. See NGB Form 22; see also February 1986 Orders. These Reserve records have also not been obtained and contain the dates for which the Veteran claims his in-service incidents occurred. Thus, a remand is required for the AOJ to make further attempts to obtain these Reserve and National Guard records. Additionally, the Veteran testified to being “on Social Security” and these records are also not on file. See November 2020 Board hearing transcript at 10. On remand, the AOJ should obtain the Veteran’s SSA records. See 38 C.F.R. § 3.159(c)(2). Finally, the Veteran states he was treated for his ankle and knee condition at Strong Memorial Hospital while training at Fort Campbell, Kentucky. See November 2020 Board hearing transcript at 7. After this immediate treatment, the Veteran testified he returned home and was treated at Cook County Hospital starting around November 1984 and was also treated there for his shoulder condition. Id. at 8-9. Where the record contains notice to VA that a Veteran has private medical records, VA’s duty to assist extends to make reasonable efforts to obtain sufficiently identified, relevant private records. 38 C.F.R. § 3.159(c). The matters are REMANDED for the following action: 1. Obtain all relevant private and VA treatment records that have not already been associated with the claims file, including, but not necessarily limited to, the Veteran’s private treatment records from Strong Memorial Hospital and Cook County Hospital in the 1980’s. The Veteran testified at the November 2020 Board hearing he received treatment for his shoulder and knee at Strong Memorial Hospital, Kentucky around July 1983 or 1984 and was treated at Cook County Hospital starting around July 1984. 2. Take appropriate steps to obtain the Veteran’s complete service treatment and personnel records from his service in the (a) National Guard from May 1979 to May 1982, and (b) Army Reserve from May 1982 to February 1986. All potential avenues to find the records should be explored and if any identified records are not obtainable, or none exist, the Veteran and his representative should be notified, and the record clearly documented. 3. Obtain the Veteran’s Social Security Administration (SSA) records and associate them with the claims file. 4. Thereafter, readjudicate the claim. If any benefit sought remains denied, provide the Veteran and his representative with a Supplemental Statement of the Case (SSOC), and return the case to the Board. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Bona, 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.