Citation Nr: 21072970
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 16-40 449
DATE:       December 7, 2021

REMANDED

The issue of whether new and material evidence has been received to reopen a claim for service connection for a right knee disability is remanded.

The issue of whether new and material evidence has been received to reopen a claim for service connection for a left knee disability is remanded.

The issue of service connection for a left shoulder disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1972 to December 1974. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an August 2015 rating decision issued by a regional office (hereinafter agency of original jurisdiction or AOJ) of the Department of Veterans Affairs (VA).

1.   The issue of whether new and material evidence has been received to reopen a claim for service connection for a right knee disability is remanded.

2.   The issue of whether new and material evidence has been received to reopen a claim for service connection for a left knee disability is remanded.

3.   The issue of service connection for a left shoulder disability is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records. In a July 2016 VA form 9, the Veteran reported that his "doctors all agree with [him] that these are old injuries and are related to my service[.]".  Additionally, in the October 2021 appellate brief, the Veteran's representative acknowledged the Veteran's VA Form 9, suggesting that there are outstanding records, and indicated that there are no medical records associated with the claims file.  Also, the September 2016 SSOC cites review of outpatient treatment records from Puget Sound Health Care System; however, these records are not associated with the claims file.

Indeed, the Veteran's claims file contains no VA or private treatment records, other than a September 2014 VA homeless programs call center referral note where the Veteran inquired about housing resources. 

Any VA treatment records are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  

A remand is required to obtain any outstanding treatment records regarding the Veteran's disabilities on appeal.

The matters are REMANDED for the following action:

1.  Obtain any outstanding VA treatment records regarding the Veteran's disabilities on appeal. 

2.  Ask the Veteran to complete a VA Form 21-4142 for any identified private treatment records, including treatment records from Puget Sound Health Care System. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

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3.  Thereafter, readjudicate the claims. If any benefit sought on appeal remains denied, furnish the Veteran and his representative a supplemental statement of the case and an appropriate period of time to respond.

 

 

Ashley Castillo

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Patrick C. Brady, 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.