Citation Nr: 21062951 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 17-40 430 DATE: October 12, 2021 REMANDED Service connection for multiple sclerosis is remanded. REASONS FOR REMAND The Veteran served honorably from February 1990 to August1996. This matter comes before the Board of Veterans' Appeals (Board) from a November 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in October 2019. The issue was previously denied by the Board in a July 2020 decision. The Veteran appealed the claim to the United States Court of Appeals for Veterans Claims (CAVC) and a Joint Motion for Remand (JMR) was issued vacating and remanding the Board's decision. After the JMR was issued, the Veteran asserted that in addition to not having treatment records from Dr. M.F., the Board does not have treatment records from his "family" physician, Mary Rutan Hospital, and Dr. M. After consideration of the JMR and the ensuing Veteran argument, the Board remands this case so that the Regional Office can obtain necessary treatment records and for another opinion by a VA examiner. The matter is REMANDED for the following action: 1. Contact the Veteran to determine all outstanding records. After receiving a reply from the Veteran, attempt to obtain all outstanding records and associate them with the record, including those records from Dr. Friedman of 30 E. Apple St., Suite 5254, Dayton, OH 45409. If such records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). 2. After all development above has been completed, obtain an addendum opinion from an examiner regarding the nature and etiology of the Veteran's multiple sclerosis. The claims file should be made available to and reviewed by the examiner. A copy of this remand should be included, as well. No additional examination is necessary unless the examiner determines otherwise. The examiner should address the following: a. Is it at least as likely as not (50 percent probability or greater) that the Veteran's multiple sclerosis had its onset in or are otherwise related to service, including but not limited to in-service exposure to bacteria or other substances, such as fuels and cryogenics? b. Is it at least as likely as not (50 percent probability or greater) that the Veteran's multiple sclerosis was aggravated by in-service exposure to bacteria or other substances, such as fuels and cryogenics? JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. Chalker, 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.