Citation Nr: 21070985
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 17-39 334
DATE: November 29, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

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

Entitlement to service connection for a left shoulder disability is remanded.

Entitlement to service connection for a lumbar spine disability is remanded.

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

Entitlement to service connection for a left wrist disability is remanded.

Entitlement to service connection for shin splints is remanded.

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

Entitlement to service connection for a left ankle disability is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army Reserve, to include active duty in the United States Army from November 2002 to June 2003 and from December 2003 to March 2005. 

In January 2020, the Veteran testified before a Veterans Law Judge at a Video Conference hearing.  A copy of the transcript has been associated with the claims file.

In February 2021, the Board remanded the appeal for further development.

In September 2021 correspondence, the Veteran was notified that the Judge who presided over his January 2020 Board hearing was no longer at the Board and of his right to request a new hearing.  The Veteran did not respond to the correspondence, and thus, the Board will continue with the claims on appeal.  

1. Service connection for bilateral hearing loss is remanded.

2. Service connection for a right shoulder disability is remanded.

3. Service connection for a left shoulder disability is remanded.

4. Service connection for a lumbar spine disability is remanded.

5. Service connection for a right wrist disability is remanded.

6. Service connection for a left wrist disability is remanded.

7. Service connection for shin splints is remanded.

8. Service connection for a right ankle disability is remanded.

9. Service connection for a left ankle disability is remanded.

The Veteran contends that his claimed bilateral hearing loss, right shoulder disability, left shoulder disability, lumbar spine disability, right wrist disability, left wrist disability, shin splints, right ankle disability and left ankle disability are due to his period of service.

At a January 2020 Board hearing, the presiding Veterans Law Judge noted that the limited service treatment records appeared incomplete.  In the subsequent February 2021 Board remand, the Board directed that the Veteran's complete service personnel records and service treatment records from his active duty and ACDUTRA service be associated with the file.  The Board notes that while additional military personnel files were associated with the record, no additional service treatment records were added and there is no record of request or response to request for additional service treatment records of record.  Therefore, another remand is necessary.

The matters are REMANDED for the following action:

1. Undertake appropriate action to conduct additional search(es) for the Veteran's complete service treatment records from his active duty and periods of ACDUTRA service.  If the search finds that the Veteran's service treatment records, though limited, are complete, such should be documented in the claims file.  Likewise, if the search for these records finds that the records existed but are unavailable, such should be documented in the claims file, and the Veteran must be informed of this in writing in accordance with 38 C.F.R. § 3.159(e).

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ford

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.