Citation Nr: 21077372
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 19-34 358
DATE: December 29, 2021

REMANDED

Whether new and material evidence has been received to reopen a claim for service connection for bilateral hearing loss.

Whether new and material evidence has been received to reopen a claim of service connection for tinnitus.

Whether new and material evidence has been received to reopen a claim for service connection for right knee disorder.

REASONS FOR REMAND

In October 2021, the appellant testified at a hearing held before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record.

The appellant claims that bilateral hearing loss, tinnitus, and right knee disorder are related to Texas National Guard service from January 1955 to June 1961. A Personnel Information Exchange System (PIES) O50 request was initiated to obtain the service treatment records (STRs) from the National Personnel Records Center (NPRC) in April 2015 at the time of the last final prior denial. 

However, in September 2015 the PIES response was that no records were on file at code 13. Nonetheless, the response indicated additional development should be initiated to the Adjutant General's office for the state in which the appellant served in the National Guard. 

In this case, the appellant served with the Texas Army National Guard. The claims file reflects that no attempt has ever been made to contact the Adjutant General of Texas to obtain these records. While there are a few service personnel records in the claims file showing service points from January 1955 to January 1958, these records are incomplete. Moreover, the record is unclear as to whether the appellant had qualifying service. 

Therefore, a remand is required in order to requests should be sent to the Adjutant General of Texas and any other appropriate entity to attempt to obtain any available Texas Army National Guard records.

The matters are REMANDED for the following actions:

1. Contact the Adjutant General of Texas and any other appropriate entity to attempt to obtain any records, to include all STRs, service personnel records and complete dates of active duty, active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) (not just service points), from the appellant's service in the Texas Army National Guard from January 1955 to June 1961. 

2. If such records cannot be located, prepare a Formal Finding of Unavailability memorandum setting out all of 

 

the steps that were taken. Notice of such steps should be sent to the appellant and his representative.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Redman, 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.