Citation Nr: 21022942 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 15-31 285 DATE: April 19, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Army from April 2002 to October 2009. Previously he was a member of the Army National Guard from January 1996 to January 2002, with a period of initial active duty training from February 1996 to June 1996. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2017 rating decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA). This matter was previously before the Board in August 2018, at which time it was remanded for additional development. The claim is once again before the Board. Substantial compliance with the Board's prior remand orders is demonstrated. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). The appeal originally included a claim for service connection for a left shoulder disability. In a February 2021 rating decision, the agency of original jurisdiction (AOJ) granted service connection for left shoulder impingement syndrome with degenerative arthritis. This represents a full grant of the benefit sought and therefore this issue is no longer on appeal. The Veteran’s service treatment records for his second period of service, from April 2002 to October 2009, have not been obtained. According to the November 2011 memorandum regarding unavailability of records, requests were submitted to the Defense Personnel Records Information Retrieval System (DPRIS) in December 2010 and August 2011, and a negative response was received the same day as the August request. However, it is insufficient to make requests to DPRIS alone and not attempt to obtain records through other federal records systems. DPRIS is specifically a personnel records system and does not house medical records. Requests should be made of the Records Management Center (RMC), as well as the National Personnel Records Center (NPRC) via the Personnel Information Exchange System (PIES). The Board notes that in October 2011 correspondence to the Veteran, the RO indicated it had received negative responses from those locations, but there is no evidence such requests were actually made. Only the DPRIS inquiry is documented. Additionally, the Veteran should be afforded additional examinations addressing his right shoulder and left knee. In an August 2012 statement, the Veteran alleged that his right shoulder was injured following a pre-deployment anthrax inoculation and that his left knee was injured after he was struck by a truck on the left side. The Veteran has also reported these allegations in his VA treatment records. With regard to the left knee, this allegation was not addressed, as the examination was performed prior to the allegation. With regard to the right shoulder, the recent examination was focused on the left arm, and allegations were not considered, or an opinion rendered, for the right shoulder. The matters are REMANDED for the following action: 1. Submit requests to the RMC, and to the NPRC via PIES, for the Veteran’s service treatment records for his period of active service from April 2002 to October 2009. The requests and responses received must be documented in the file, and the Veteran notified is records cannot be obtained. 2. After completion of the above, schedule the Veteran for a VA knee examination. The claims folder must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed left knee disabilities. For each, the examiner must opine as to whether it is at least as likely as not caused or aggravated by military service. The Veteran’s lay statements must be considered, to include being struck by a truck. Full and complete rationales are required for all opinions expressed. 3. Schedule the Veteran for a VA shoulder examination. The claims folder must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed right shoulder disabilities. For each, the examiner must opine as to whether it is at least as likely as not caused or aggravated by military service. The Veteran’s lay statements must be considered, to include the allegation regarding an inoculation in the shoulder. Full and complete rationales are required for all opinions expressed. 4. Then, readjudicate the remanded issue. If the benefit sought remains denied, issue a supplemental statement of the case and return the case to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.P. Faris 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.