Citation Nr: 21011487 Decision Date: 03/02/21 Archive Date: 03/01/21 DOCKET NO. 15-00 473A DATE: March 2, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from December 1982 to November 1989 and had subsequent service in the Texas Army National Guard. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a May 2012 Department of Veterans Affairs (VA) rating decision. In July 2017, a videoconference hearing was held before the undersigned; a transcript is in the record. In May 2018, this matter and the matter of entitlement to service connection for a left knee disability were remanded for development. A July 2020 rating decision awarded service connection for the left knee disability, fully resolving that matter. The Board finds that further development of the record is needed for a proper adjudication of this claim. The May 2018 Board remand ordered development to obtain the Veteran’s complete Texas Army National Guard records. While the AOJ has made several attempts via different sources to obtain his Texas Army National Guard records, it is not clear that the development for such records was exhaustive. In September 2019, VA received a response from the Records Management Center stating the “file was not found.” In September 2020, VA received a response from the National Personnel Records Center that no further records exist. In December 2018, the AOJ sent a letter to the Office of the Adjutant General of Texas requesting compete service records and requested a response so indicating if no such records exist; the record does not show a response to that single request. Notably, in December 2018 (subsequent to the letter to the Office of the Adjunct), the Veteran submitted a memorandum from the Office of the Adjunct General of Texas concerning his fitness of duty and a recommendation that he be processed for separation from the Texas Army National Guard due to his health and well-being. Fully exhaustive development to locate and secure such pertinent records (possibly supporting a continuity theory of entitlement) is necessary. The matter is REMANDED for the following: 1. Arrange for exhaustive development to locate and secure for the record the Veteran’s complete military personnel and treatment records from his service in the Texas Army National Guard. The search should include a follow-up request to the Office of the Texas National Guard Adjutant (as there was no response to the request in the record) and should encompass any records storage facilities where those records may have been sent for storage/retired. If the records are not located, it should be so noted in the record, and the scope of the search described. 2. If additional service records are received, review them and arrange for any further development suggested by information therein. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Naumovich, 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.