Citation Nr: 21014278
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 17-04 994
DATE: March 11, 2021

REMANDED

Entitlement to service connection for a left hip disability, to include arthritis, is remanded.

REASONS FOR REMAND

Entitlement to service connection for a left hip disability, to include arthritis, is remanded.

The Veteran served on active duty in the United States Air Force from February 1977 to June 1977.

This matter comes before the Board of Veterans’ Appeals (Board) from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office.

This matter was previously before the Board in September 2019.  In the September 2019 decision, the Board denied the Veteran’s claim for service connection.  The Veteran appealed this denial to the Court of Appeals for Veterans Claims (Court).  In October 2020, the Court approved an Order granting a Joint Motion for Remand.  

In the Joint Motion, the parties found the Board erred in failing to ensure the VA satisfied the duty to assist to make reasonable efforts to obtain the Veteran’s private treatment records from G. B. M. Hospital. 

The parties found that the VA was made aware of the Veteran’s outstanding private treatment records that may related to his claimed left hip disability.  The parties specifically noted the Veteran’s August 2017 VA treatment records state the Veteran reported upon separation from service, he went to the emergency room in 1977; he reported he had x-rays which revealed “bones were against bones.”  The parties concluded the Veteran’s identification of these records relating to his ER visit in 1977 and his hernia operation prior to service have a reasonable possibility to help substantiate his claim for service connection for a left hip disability, to include arthritis.  As such, a remand is necessary to request the Veteran’s private treatment records, with the assistance of the Veteran.  

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The matters are REMANDED for the following action:

Ask the Veteran to complete a new VA Form 21-4142 Authorization for G. B. M. Hospital from 1974 to 1977. Make two requests for the authorized records and document the request process.  If the VA is unable to obtain the records after making reasonable efforts to obtain them, the VA must provide the Veteran with appropriate notice in accordance with 38 C.F.R. § 3.159(e)(1).

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Mouzakis, 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.