Citation Nr: 21005192
Decision Date: 01/29/21	Archive Date: 01/29/21

DOCKET NO. 16-03 503
DATE: January 29, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from March 1977 to March 1980. He had additional periods of service with the National Guard between 1980 and 2000.

The Board notes that the issues of entitlement to service connection for a psychiatric disability, a cervical spine disability, and a left shoulder disability are in remand development at the RO.  

Recently, in September 2019, the Board remanded this claim to schedule a VA examination and obtain a medical nexus opinion, and to request the Veteran submit a completed VA From 21-4142 for each private healthcare provider who has treated him for any right knee disability. Since then, the Veteran has submitted a General Release For Medical Provider Information form, indicating treatment from VA Pittsburgh Healthcare System (from November 2009 to January 2020), VA Primary Care Clinic at the VA Washington CBOC (from November 2009 to January 2020), and Walter Reed National Military Medical Center (from January 1996 to January 1998). See December 2019 VA 21-4142 form. Since then, a Medical Records Request Reject Notice (dated January 2020) has been issued, stating that the listed providers are non-private. Treatment records were obtained from VA Pittsburgh Healthcare System, including the Washington CBOC, (from August 2009 to November 2019), and the Supplemental Statement of the Case also only lists the records from this facility. However, it does not appear that RO ever attempted to obtain the other records identified in the VA 21-4142 form from Walter Reed National Military Medical Center, nor is there a formal finding of unavailability pertaining to these records. The existing treatment records in the file include an Emergency Room record from 1996 from Walter Reed, but it is not clear if additional records exist. Although prior attempts to obtain any service treatment records for the years he was in the National Guard were unsuccessful, a request could be made directly to Walter Reed for records. Therefore, this claim must be remanded to allow for such records to be associated with the file. 

The matter is REMANDED for the following action: 

1. Obtain medical records from the VA Pittsburgh Healthcare System for November 2019 to present. 

2. Request the treatment records from Walter Reed National Military Medical Center from January 1996 to January 1998. 

	

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Lee

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.