Citation Nr: 21015481 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 15-12 808 DATE: March 17, 2021 REMANDED Entitlement to service connection for a back disability, claimed as a chronic back or spine condition is remanded. Entitlement to service connection for a condition to account for chronic pain on the left side, weight loss, difficulty breathing, chest and abdominal pains, mental and physical blackouts, also claimed as due to asbestos exposure is remanded. Entitlement to service connection for chronic fatigue syndrome is remanded. Entitlement to service connection for a condition to account for chronic pelvic pain is remanded. Entitlement to service connection for anemia is remanded. Entitlement to service connection for sickle cell trait is remanded. REASONS FOR REMAND The Veteran served on active duty in the Unites States Air Force from July 2002 to August 2002. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a back disability; a condition to account for chronic pain on the left side, weight loss, difficulty breathing, chest and abdominal pains, mental and physical blackouts; chronic fatigue syndrome; a condition to account for chronic pelvic pain; and sickle cell trait is remanded. This appeal was remanded by the Board in June 2018 and June 2020. In the latter remand, the Board directed the RO to obtain the Veteran’s service personnel records. Pursuant to the remand directive, the RO sent requests to the National Personnel Record Center (NPRC) in July 2020 and in October 2020. A response was not received. In a letter sent to the Veteran in November 2020, the RO determined that efforts to obtain the Veteran’s service personnel were exhausted and further attempts would be futile. The Board, regrettably, must remand the matter again for development. Pursuant to 38 C.F.R. § 3.159(c)(2), VA must make as many requests as necessary to obtain relevant records from a Federal department or agency. VA may only discontinue its efforts only when it concludes that continued efforts would be futile, which requires that the Federal department or agency advise VA that either the requested documents do not exist or that the custodian does not have them. Upon making such a determination, VA must notify the Veteran of the records which could not be obtained, explain the efforts VA made to obtain them, and describe any further action VA will take with respect to the claim. See 38 U.S.C. § 5103A (c)(2). The RO must undertake another attempt to obtain the Veteran’s service records and a negative response is required from NPRC if the records are unavailable. The matters are REMANDED for the following action: Undertake appropriate steps to obtain the Veteran’s complete service personnel records, including records from the 219th squadron and Lackland Air Force Base. If unsuccessful, RO may discontinue its efforts only when it concludes that continued efforts would be futile, i.e., that the custodian of such records advises VA that either the requested documents do not exist or that the custodian does not have them. 38 C.F.R. § 3.159 (c)(2). If the custodian of such records advises VA that either the requested documents do not exist or that the custodian does not have them, then a formal finding of unavailability should be associated with the record, and notice afforded to the Veteran. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Jake Choi 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.