Citation Nr: 21015845 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 13-22 559 DATE: March 18, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran had active service from September 1976 to March 1977 and from September 1979 to September 1980 with additional service in the Army National Guard. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a July 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2014, the Veteran testified at a videoconference hearing held before the undersigned Veterans Law Judge and a transcript of that hearing has been associated with the electronic claims file. In June 2015, the Board reopened and remanded the claim of entitlement of service connection for a low back disability. In September 2017, December 2019, and September 2020, the Board again remanded the claim for further development. In his February 1983 and September 1988 claims, the Veteran reported that he was treated at a base hospital at Fort Dix for his low back injury. In a February 2011 statement, the Veteran indicated that he was hospitalized for several days at the base hospital at Fort Dix. He noted that VA should have these records and that if not, VA should request them. The RO then searched for treatment records allegedly from a VA outpatient clinic at Fort Dix rather than records from a military hospital and did not obtain any of the treatment records. Therefore, the RO should attempt to obtain hospitalization records from the base hospital at Fort Dix. In its September 2017 remand, the Board directed the RO to obtain all treatment records from the Fayetteville, Arkansas VA Medical Center from the Veteran’s discharge from service to the present. The RO obtained all records from that facility from November 1997 to the present. The Veteran’s counsel, however, submitted treatment records apparently from that facility that are dated in June 1996 and August 1997. The RO should attempt to obtain all records from that facility from March 1977 to November 1997 as well as any additional records from the Birmingham VA Medical Center from September 2020 to the present. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all treatment for his low back disability and obtain any identified records. Obtain the Veteran’s VA treatment records from the Fayetteville, Arkansas, VA Medical Center for the period from March 1977 to November 1997 and from the Birmingham VA Medical Center from September 2020 to the present. The RO should ask the Veteran’s counsel to submit any of the Veteran’s VA treatment records from the Fayetteville, Arkansas, VA Medical Center for the period from March 1977 to November 1997 that have not already been submitted to VA by him. 2. Obtain records of any inpatient treatment at Fort Dix, New Jersey Army base hospital in 1976 and 1977. Document all requests for information as well as all responses in the claims file. 3. After the development in 1 through 2 is completed, the RO should undertake any necessary development on the claim of service connection for a low back disability as warranted by any additional evidence of record. 4. Thereafter, readjudicate the claim on appeal. If the benefit sought in connection with the claims remains denied, the Veteran and his counsel should be provided with an appropriate Supplemental Statement of the Case (SSOC) and given the opportunity to respond. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Cherry, 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.