Citation Nr: 21025010
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 16-36 865
DATE: April 27, 2021

REMANDED

Service connection for a lumbar spine disorder is remanded.

Service connection for broken teeth is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1972 to November 1974.  

In a November 2019 decision, the Board of Veterans Appeals (Board), following an August 2019 Board hearing, denied the claims for service connection for low back disability and broken teeth.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court).  In November 2020, the Court vacated the Board’s decision, and remanded the case to the Board for compliance with a joint motion for remand (JMR).  

A review of the JMR shows that it was agreed that a remand was required to obtain missing records. 

First, the JMR noted that in denying the claim for service connection for broken teeth, the Board had failed to consider or discuss whether the evidence of record was complete.  To this end, the Veteran had indicated that he had received treatment at the United States Navy Dental School in Norfolk, VA on March 8, 1973.  These dental records are not contained in the Veteran’s STRs and should be obtained on remand. 

Second, the JMR noted that in correspondence to VA, dated in July 2017, the Veteran had reported that he was in receipt of SSA disability benefits beginning in June 2017.  As these records might contain evidence as to the etiology of the claimed disabilities, the outstanding SSA records must be obtained on remand. 

Finally, the JMR indicated that there were potentially outstanding VA treatment records.  To this end, in August 2019, the Veteran testified that he had received VA treatment for his medical conditions, notably his back in 2018.  VA treatment records associated with the claims file are dated through June 2016.  Thus, updated VA treatments dated from June 2016 to the present should be obtained on remand. 

The matters are REMANDED for the following action:

1. Obtain dental records of the Veteran from the United States Navy Dental School in Norfolk, VA, dated March 8, 1973.  

2. Obtain from the Social Security Administration copies of all medical records.

3. Obtain updated VA treatment records, dated from June 2016 onward. 

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carole Kammel, 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.