Citation Nr: 21014103 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 14-17 236 DATE: March 11, 2021 REMANDED Entitlement to service connection for a low back injury is remanded. Entitlement to service connection for neck injury is remanded. Entitlement to service connection for right ear hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for a left elbow disability is remanded. Entitlement to service connection for flat feet (pes planus) is remanded. REASONS FOR REMAND The Veteran had active service from April 1973 to June 1976. This matter comes before the Board of Veterans’ Appeals (Board) from a November 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). These claims were remanded by the Board in February 2018 and, the hearing loss, tinnitus, left elbow, and pes planus claims were remanded by the Board in March 2020. The Board denied the low back and neck injury claims in the March 2020 decision, and the Veteran appealed this Board decision to the Court of Appeals for Veterans Claims (CAVC). In a January 2021 decision, CAVC granted a Joint Motion for Partial Remand (JMPR) in which the parties found there was a duty to assist error where the VA failed to obtain outstanding service records. Specifically, the claims were previously remanded by the Board in February 2018 for records consistent with the Veteran’s testimony at his December 2017 Board hearing. At that hearing, the Veteran testified that he injured his neck and back during two incidents in Stuttgart, Germany. He reported in the spring of 1975 while unloading/ loading a truck he was struck and knocked off the truck. He reportedly went back and forth to the doctor for the injury; and, after service he was told he had a herniated disc in his neck. Then, in the fall of 1975, the Veteran reportedly was knocked forward and off a truck, again. This injured his back, and the Veteran was reportedly put on profile after this occurred. The Veteran reported these events occurred while he was in Stuttgart, Germany. As such, the Board remanded the claims to obtain any outstanding records from the Veteran’s service in Stuttgart, Germany. However, in September 2019 RO reported that the records could not be located and were therefore unavailable for review. Moreover, all efforts to obtain the needed information was exhausted and, based on these facts the RO determined that further attempts to obtain the records would be futile. The low back and neck injury claims were then denied in a March 2020 Board decision. In the January 2021 CAVC decision, the Court found that it was a duty to assist error to not make additional attempts to obtain the identified service personnel records or a complete copy of the Veteran’s service treatment records. The Board thereby determines a remand is necessary to obtain these records pursuant to the CAVC remand directives. As these remand directives may include additional outstanding service treatment records, the Board finds that adjudication of any of the claims on appeal should be deferred, consistent with the CAVC remand. The matters are REMANDED for the following action: 1. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. 2. Please make all reasonable attempts to obtain the Veteran’s complete service treatment records and service personnel records for his period of active duty service. If such records are obtained, then associate them to the claims file. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Wade 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.