Citation Nr: 21071306 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 17-17 440 DATE: November 30, 2021 REMANDED Entitlement service connection for a right knee disability is REMANDED. Entitlement to service connection for a lower back disability is REMANDED. Entitlement to service connection for an upper back disability is REMANDED. REASONS FOR REMAND The Veteran served honorably in the United States Army from January 1997 to January 2001. Upon review of the record, the Board concludes that further evidentiary development is necessary. A remand is necessary to ensure VA provides the Veteran with appropriate assistance in developing his claims prior to final adjudication. 1. Entitlement service connection for a right knee disability is remanded. 2. Entitlement to service connection for a lower back disability is remanded. 3. Entitlement to service connection for an upper back disability is remanded. In July 2012, the Veteran submitted a VA Form 21-526b. Therein, the Veteran initiated claims for service connection for right knee, lower back, and upper back disabilities. In February 2013, VA generated a third request for the records at the David Grant Medical Center. Therein, VA requested the Veteran's medical records for the claims for service connection for right knee, lower back, and upper back disabilities. In March 2013, the agency of original jurisdiction (AOJ) issued a rating decision. Therein, the AOJ denied the Veteran's claims for service connection for right knee, lower back, and upper back disabilities. The Board notes that the evidence list includes treatment records from the David Grant Medical Center, which were identified as received on February 13, 2012. The Board has deliberately reviewed the claims file. The Board notes that no medical treatment records were associated with the claims file on February 13, 2012. Moreover, after review, the Board observes that it is unclear if the Veteran's treatment records from the David Grant Medical Center have not been associated with the claims file during the claim period. In February 2017, the Veteran's VA treatment records were associated with the claims file. After review, the Board observes that VA records indicate that the Veteran received treatment at the David Grant Medical Center. In June 2021, the Veteran supplied sworn testimony to the undersigned Veteran's Law Judge (VLJ). When questioned by his representative, the Veteran confirmed that he received treatment at the David Grant Medical Center. When questioned by the undersigned, the Veteran relayed that he also received treatment for the claimed disabilities from the Oakland Army Base. At this time, the Board finds that a remand is required to obtain the Veteran's identified and pertinent treatment records. As noted above, the veteran's VA treatment records are dated through February 2017. However, during the Veteran's June 2021 hearing, he testified that she still receives treatment in Oakland, CA. VA's duty to assist includes obtaining records of relevant VA medical treatment. 38 U.S.C. § 5103 A (c)(2); 38 C.F.R. § 3.159(c)(2), (c)(3). As the Veteran has identified relevant outstanding medical records, the Board finds that a remand is required to obtain such evidence. Additionally, on remand, the AOJ should attempt to secure any pertinent and outstanding treatment records generated at the David Grant Medical Center. Consequently, the matters are REMANDED agency of original jurisdiction (AOJ) for the following action: 1. Contact the Veteran, and, with his assistance, identify any outstanding records of pertinent medical treatment from VA, Federal, or private health care providers. With the Veteran's assistance obtain copies of any pertinent records and add them to the claims file. A specific effort must be made to obtain any pertinent records from the David Grant Medical Center. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159 (c) (2020). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159 (e). 2. Thereafter, the AOJ should consider all of the evidence of record and readjudicate the claims for service connection for right knee, upper back, and lower back disabilities. If the benefits sought are not granted, the AOJ must then issue a Supplemental Statement of the Case (SSOC) and allow the Veteran and his representative an opportunity to respond. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.