Citation Nr: 21005182 Decision Date: 01/29/21 Archive Date: 01/29/21 DOCKET NO. 15-13 728 DATE: January 29, 2021 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to service connection for an obstructive sleep apnea (OSA) disability is remanded. Entitlement to service connection for a bilateral peripheral neuropathy of the lower extremities is remanded. Entitlement to service connection for a glaucoma disability claimed as visual condition is remanded. Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded. Entitlement to service connection for a vasectomy is remanded. Entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1969 to June 1971. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In April 2018, the Veteran testified before the undersigned Veterans Law Judge during a Board video conference hearing. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107 (a)(2); 38 C.F.R. § 20.900 (c). As an initial matter, the Board notes that the Veteran’s claim for service connection for an acquired psychiatric disorder to include major depressive disorder with memory loss, left shoulder disability, hepatitis C with thrombocytopenia was granted in an August 2020 rating decision. In an October 2020 rating decision, the Veteran was separately granted service connection for hepatitis C and thrombocytopenia. As such, these issues are no longer on appeal and the Board does not have jurisdiction. The Board further notes that the Veteran’s claim for his major depressive disorder, memory loss, and PTSD was recharacterized as one for an acquired psychiatric disorder to include all three psychological disorders. While the RO granted service connection the Veteran’s major depressive disorder with memory loss, the RO did not determine whether the Veteran’s PTSD claim was granted. As such, his service connection claim for PTSD remains on appeal. 1. Lumbar Spine 2. Obstructive sleep apnea (OSA) 3. Bilateral peripheral neuropathy of the lower extremities claimed as circulation condition 4. Glaucoma 5. GERD 6. Vasectomy 7. PTSD The Board finds that additional remand is warranted to further develop the Veteran’s records. Upon review of the evidence, the Board finds that there has not been substantial compliance with the August 2018 Board remand. In an August 2018 Board remand, the RO was directed to obtain translations of documents received on January 28, 2014, October 15, 2014, and February 25, 2016 (CAPRI). However, it does not appear that any translated version of these documents has been associated with the claims file. Additionally, the Veteran’s social security administrative (SSA) records received on February 2019 contains multiple pages in Spanish regarding the Veteran’s service in Korea. As such, the Board finds that additional remand is warranted to ensure that VA fulfill its duty to assist in obtaining English translations of these documents. The Board further notes that it does not appear that the Veteran’s full military personnel records has been associated with his claims file. During an April 2018 Board hearing, the Veteran testified that he served as patrolman while he was stationed in South Korea. The Veteran’s DD-214, certificate of release or discharge from active duty, indicates he was assigned to the 2d Battalion 23rd Infantry Division and worked as a cook. However, the Veteran asserts that he only worked as a cook for a period of two months while stationed in Korea. See November 2019 DD 149 Application for Correction of Military or Naval Records. The Board observes that his STRs indicates he was a food handler in July 1970 and a May 1971 separation clinical examination notes he only worked in the capacity of a cook for five months. Given these observations, it is unclear what the Veteran’s military occupational specialties were throughout his period of service in Korea. The Board acknowledge that there has been attempts to obtain his military personnel records in April 2014. However, the first attempt in March 2014 only requested records related to service in Vietnam but not his service in Korea. Although his STRs were associated with his claims file, no military personnel records were associated with the file. Following the August 2018 Board remand, a military personnel records file was received in April 2019. However, the file contained only seven pages of no substantive records for the Board to review and was limited to the period of January 8, 1970 to January 26, 1970. As the Veteran’s asserts that his bilateral peripheral neuropathy of his lower extremities is due to herbicide agent exposure while serving in South Korea, a remand is warranted to obtain the Veteran’s military personnel records to determine whether he served as a patrolman in Korea. Additionally, it does not appear that the Veteran’s complete STRs has been associated with his claims file. The Board acknowledge that an STR file was received in October 2014. However, in an August 2018 remand, the Board found that the Veteran’s STRs were incomplete as his inpatient treatment records for his psychiatric condition were missing. Following the Board’s remand, the RO filed a request for the Veteran’s psychiatric condition in February 2019 but limited the records to the period of January 8, 1970 to January 26, 1970. This request generated missing STRs that were not in the STRs received in October 2014. However, such request was limited to a narrow period of his military service. This is indicative that there could be additional missing STRs. As such, the Board finds that the Veteran’s STRs remains incomplete, the Board finds that additional remand is necessary to further develop his records. Based on the foregoing, the Board finds VA’s duty to assist has not been satisfied and a remand is warranted to further develop the Veteran’s records accordingly. The matters are REMANDED for the following action: 1. Obtain English translations for the following documents: (1.) January 28, 2014 Notification Letter, (2.) January 28, 2014 Third Party Correspondence, (3.) October 14, 2014 STR-Medical, (4) February 25, 2016 CAPRI records, and (5) February 27, 2019 Medical Treatment Records – Furnished by SSA. 2. Request the Veteran’s STRs and military personnel records from official sources. All attempts to obtain these records should be documented. If any requested records are not available, the file should be annotated to reflect such in a formal finding of unavailability and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). 3. After, readjudicate the claims. If the benefit sought on appeal remains denied, furnish the Veteran with a supplemental statement of the case (SSOC) and provide the Veteran and his representative with an appropriate opportunity to respond. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Xiong, 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.