Citation Nr: 21065119 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 11-25 499 DATE: October 25, 2021 REMANDED Entitlement to service connection for a right eye disability, to include blindness and anatomical loss, is remanded. REASONS FOR REMAND The Veteran served on active duty for training (ACDUTRA) in the Army Reserves from February 8, 1976, to February 20, 1976. Records show that he had two months and 15 days of additional prior inactive service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2010 rating decision by the Little Rock, Arkansas, Regional Office (RO) of the Department of Veterans Affairs (VA). In November 2012, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. The Board denied entitlement to service connection for a right eye disability in December 2016. The Veteran appealed the claim to the United States Court of Appeals for Veterans Claims. In March 2018, the Court vacated and remanded the Board decision. Entitlement to service connection for a right eye disability, to include blindness and anatomical loss is remanded. The Veteran contends that he is entitled to service connection for a right eye disability, because he incurred a traumatic eye injury that aggravated a preexisting eye disability. A February 1976 medical treatment note indicates that the Veteran was referred to the ophthalmology department during service, but the record does not include any medical treatment records from that department. Since the record is missing documents from the ophthalmology department that were generated during the Veteran's period of service, the missing records are potentially relevant. The evidence of record does not show that any attempt was made to obtain the missing records. In the March 2018 memorandum decision, the Court vacated the Board's denial of service connection for a right eye disability, and remanded the claim for the VA to fulfil the duty to assist requirements in attempting to obtain the missing records. A remand is required for additional notice. Because the Veteran's service medical records from his period of service are incomplete or missing, notice is required that specifically addresses alternative sources of evidence the Veteran may submit as evidence because of the missing service medical records. When service records are lost or missing or destroyed, in conjunction with a heightened duty to assist, VA must inform the Veteran that he can submit alternative sources in place of the missing service records. Washington v. Nicholson, 19 Vet. App. 362 (2005); Dixon v. Derwinski, 3 Vet. App. 261 (1992). Examples of alternate evidence include any military records; statements from service medical personnel; "buddy" certificates or affidavits; state or local accident and police reports; employment physical examination reports; medical evidence from civilian or private hospitals, clinics, and physicians where or by whom a Veteran was treated, either during service or shortly after separation; letters written during service; photographs taken during service; pharmacy prescription records; and insurance examinations reports. The matter is REMANDED for the following action: 1. Send the Veteran a notice letter notifying that he can submit alternative sources in place of the missing service medical records. Advise him that alternate evidence includes, but it not limited to, any military records; statements from service medical personnel; "buddy" certificates or affidavits; state or local accident and police reports; employment physical examination reports; medical evidence from civilian or private hospitals, clinics, and physicians where or by whom a Veteran was treated, either during service or shortly after separation; letters written during service; photographs taken during service; pharmacy prescription records; and insurance examinations reports. 2. Contact the National Personnel Records Center (NPRC), RMC, or any other appropriate facility and attempt to obtain the Veteran's missing service medical records, to specifically include any report of February 1976 ophthalmology treatment during service. If unsuccessful, the reporting agency should acknowledge that the records sought do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of the records must be verified and should be documented for the record. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. D. Cross, 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.