Citation Nr: 21023817
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 14-14 418
DATE: April 21, 2021

REMANDED

Entitlement to service connection for a right knee disability is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1967 to July 1969 and from February 1991 to April 1991.  He also had Reserve and National Guard service.  He served in Vietnam and was awarded the Combat Action Ribbon.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California.  The appeal was remanded for additional development in March 2018.

In July 2017, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.

Entitlement to service connection for a right knee disability is remanded.

The Veteran contends that a right knee disability is the result of active service.  The service medical records show that the Veteran sustained a right knee injury in July 1978 and August 1978.  In January 1979 the Veteran had a physical examination prior to jump school and no pain was noted.  A November 1992 Army National Guard examination did not mention any chronic knee pain.

The Board notes that there appears to be an unverified period of National Guard service during the 1970s.   The service medical records show treatment and complaints, but there is no evidence of record noting periods of service with the Army National Guard.  Those records should be obtained and the period of service verified.

The matters are REMANDED for the following action:

1. Contact all appropriate sources in order to verify the Veteran’s periods of ACDUTRA and INACDUTRA with the Army National Guard.  Attempts to verify service and all findings should be documented in the record.

2. Request any service medical and personnel records associated with any National Guard service in the 1970s.

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Cross, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.