Citation Nr: 21068587 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 16-55 988 DATE: November 10, 2021 REMANDED Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran had honorable active service with the United States Army from July 1979 to July 1982. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for a right knee disability is remanded. 2. Entitlement to service connection for a left knee disability is remanded. 3. Entitlement to service connection for hearing loss is remanded. 4. Entitlement to service connection for tinnitus is remanded. Although further delay is regrettable, a remand is necessary for the following development. A review of the claims file reveals that there are outstanding records. The VA has a duty to assist Veteran's in obtaining records. In particular, the VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. See 38 C.F.R. § 3.159(c)(2). The VA also has the duty to notify the Veteran if they are reasonably certain that records do not exist or further attempts to find them would be futile. See 38 C.F.R. § 3.159(e)(1). In particular, the Board notes that the Veteran's entrance examination report is not of record. In light of the likely missing service treatment records and the heightened duty to assist in cases involving missing service treatment records, a remand is required to obtain the Veteran's complete service treatment records, or to notify the Veteran if they are unable to obtain missing service treatment records. The Veteran has also alleged auditory damage during service, but presently the record does not have a DD 214, or any other documentation of the Veteran's occupation during service. Therefore, the Veteran's personnel records should be obtained to determine the Veteran's military occupational specialty (MOS). Lastly, the Board noted that the Veteran reported knee replacement surgery; however, to date there are no medical records in the Veteran's file with respect to his knees. The VA has a duty to assist a Veteran in obtaining records. In particular, the VA will make reasonable efforts to help a Veteran obtain evidence, including private treatment records, necessary to substantiate a claim. See 38 C.F.R. § 3.159(c)(1). The Board emphasizes that while the VA system is non-adversarial and pro-claimant, a veteran still has an obligation to assist in developing his or her claim. Indeed, it is well-established that "[t]he duty to assist is not always a one-way street." Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Therefore, the Veteran has a duty to respond to the VA and to provide information to help substantiate his claims, like the names of treatment providers and their locations. If a Veteran fails to respond to requests by the VA to develop his claims upon remand, then the claims may be denied. In conclusion, the Board remands the claims for development including service treatment records, personnel records, and relevant medical treatment records. The matters are REMANDED for the following action: 1. Take all appropriate actions to attempt to obtain potentially missing service treatment records and to obtain personnel records. All reasonable attempts should be made to obtain such records. If any 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). 2. Obtain any VA treatment records and contact the Veteran and the representative of record in order to obtain outstanding non-VA treatment records regarding the issues on appeal. In particular, the Veteran reported he had knee replacement surgery. Any treatment for his knees, hearing loss, or tinnitus should be requested. Request the Veteran to provide an authorization for release of the private treatment, documenting all attempts to contact the Veteran. Make all reasonable attempts to obtain the non-VA treatment records and associate them with the claims file. If such records cannot be obtained, inform the Veteran and the representative of record, and afford an opportunity to provide these outstanding records. 3. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is returned to the Board. B. MULLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Associate Counsel, C. Parnell 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.