Citation Nr: 21077482
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 19-38 260
DATE: December 29, 2021

REMANDED

Service connection for a left ankle disorder.

Service connection for a low back disorder.

REASONS FOR REMAND

As a procedural matter, a claim of service connection for a right ankle has been raised by the record through lay statements made by the Veteran during a December 2017 VA examination, but has not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction to decide this issue and it is referred to the AOJ for appropriate action.

Additionally, the Veteran testified at a June 2020 hearing before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file.

In multiple lay statements and a June 2020 hearing, the Veteran testified that that his left ankle and low back disorders were first treated at the Miami VAMC in 1985 after his separation from service.  He further related that he was denied "proper medical attention" by VA for his conditions in 1986.  However, the evidence does not contain any treatment records from the Miami VAMC at that time or indicate that any attempts were made to obtain any such treatment records.  

Further review of the record reveals that the Veteran reported receiving treatment for his back in 2012 at the University of Miami; however, the evidence also does not contain any treatment records from the University of Miami at that time and reveals no attempt to obtain records from the facility.  Accordingly, a remand is necessary to obtain the VA and private medical treatment records to assess whether the Veteran's current left ankle and low back disorders stemmed from his in-service left ankle disorder and back pain. 

The matters are REMANDED for the following actions:

1. Identify and obtain any pertinent, outstanding VA and private medical treatment records not currently of record, to specifically include: (1) all records from the Miami VAMC between 1985 and 1987; and (2) records of treatment received from the University of Miami; and associate them with the claims file. 

2. All attempts to obtain records from the Miami VAMC and the University of Miami should be fully documented and a negative response must be provided if the records are not available or do not exist.  

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Spigelman, 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.