Citation Nr: 21074038
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 17-28 411
DATE: December 14, 2021

REMANDED

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

Entitlement to service connection for a right knee condition is remanded.

Entitlement to service connection for a left knee condition is remanded.

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

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

REASONS FOR REMAND

The Veteran served on active duty from April 1970 to November 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned at a hearing in May 2021. A transcript is of record.

The Veteran timely submitted VA Form 9, Appeal to Board of Veterans' Appeals, in May 2017.  In May 2018, VA sent the Veteran a Rapid Appeals Modernization Program (RAMP) Opt-in Notice. The Veteran submitted the RAMP Opt-in and elected a Higher-Level Review.  VA did not respond to the Veteran's RAMP Opt-in nor issue a Higher-Level Review rating decision.  At the May 2021 Hearing, the Veteran and his representative both acknowledged the Veteran submitted the RAMP Opt-in and elected to continue the Veteran's claims under the legacy system.  The Board will proceed to adjudicate the Veteran's claims. 

1. Entitlement to service connection for a right shoulder condition is remanded.

2. Entitlement to service connection for a right knee condition is remanded.

3. Entitlement to service connection for a left knee condition is remanded.

4. Entitlement to service connection for a right ankle condition is remanded.

5. Entitlement to service connection for a left ankle condition is remanded.

VA's duty to assist requires reasonable efforts to ensure all relevant treatment records have been obtained and associated with the claims file. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016).  At the May 2021 hearing, the Veteran testified VA referred him to Duke University and the University of North Carolina for additional testing to determine the nature of his right shoulder, right knee, left knee, right ankle, and left ankle conditions. The Veteran further testified the medical providers at both facilities conducted multiple tests, including blood tests and nerve tests. Treatment records from Duke University and University of North Carolina are not associated with the claims file and there is no indication VA has attempted to obtain them.  VA must attempt to obtain the records as they may be relevant to the Veteran's claim.  Id.

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for any treatment provider and for any other medical care provider or medical facility which may have records related to the Veteran's claims, including Duke University and University of North Carolina. Make two requests for the authorized records from any medical care provider or facility identified unless it is clear after the first request that a second request would be futile.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Zachery S.C. Luce, 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.