Citation Nr: 21014465 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 19-17 031 DATE: March 12, 2021 REMANDED Entitlement to service connection for a right foot condition is remanded. Entitlement to service connection for a left foot condition is remanded. Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for a heart condition is remanded. Entitlement to service connection for a kidney condition is remanded. Entitlement to service connection for diabetes mellitus, type II is remanded. REASONS FOR REMAND The Veteran served on active duty from January 30, 1991 to January 29, 1994. The Veteran has additional National Guard service from 1994 through 2000. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran was scheduled for a hearing on November 24, 2020 but did not appear. As of the date of this decision, the Veteran has not submitted good cause for his failure to appear or requested a rescheduled hearing. This appeal has been advanced on docket pursuant to 38 C.F.R. § 20.900(c); 38 U.S.C. § 7107(a)(2). 1. Entitlement to service connection for a right foot condition is remanded. 2. Entitlement to service connection for a left foot condition is remanded. 3. Entitlement to service connection for sleep apnea is remanded. 4. Entitlement to service connection for a heart condition is remanded. 5. Entitlement to service connection for a kidney condition is remanded. 6. Entitlement to service connection for diabetes mellitus, type II is remanded. At the outset, the Board notes that the Veteran’s service treatment records do not appear to have been associated with the record. A February 2018 service treatment record (STR) certification form from the AMEDD Records Processing Center indicated that no records exist for the Veteran. The Board notes that a September 2017 request for STRs was not processed. It is unclear whether the AOJ contacted the National Personnel Records Center in an attempt to obtain the Veteran’s service treatment records. The Veteran contends that he has never had possession of any of his service treatment records, and that they should be in the custody of the government. The Veteran further contends that his disabilities are due to his military service. The record reflects that the Veteran has diagnoses of heart failure, chronic kidney disease, flat feet, plantar fasciitis, diabetes mellitus, type II, bilateral foot pain, gout, and sleep apnea. To date, the Veteran has not been afforded a VA examination for any of his claimed current disabilities. On remand, the Veteran should be afforded VA examinations and medical opinions should be obtained. The matters are REMANDED for the following action: 1. Make any additional reasonable attempts to obtain the Veteran’s complete service treatment records including Active Duty and National Guard service. 2. Schedule the Veteran for VA examinations for his claimed disabilities including bilateral foot conditions, sleep apnea, a heart condition, a kidney condition, and diabetes mellitus, type II. The examiner(s) must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner(s) is asked to provide a response to the following: Are the Veteran’s claimed disabilities, including bilateral foot conditions, sleep apnea, a heart condition, a kidney condition, and diabetes mellitus, type II at least as likely as not related to service? Provide a rationale to support the opinion(s). Further, is it at least as likely as not that the Veteran’s chronic disabilities, including diabetes mellitus, (1) began during active service, (2) manifested within the presumptive period after discharge from service, or (3)   was noted during service with continuity of the same symptomatology since service? L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.D. Taylor, 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.