Citation Nr: 21025425 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 16-18 988A DATE: April 28, 2021 REMANDED Entitlement to service connection for hypertension is remanded. Entitlement to service connection for diabetes mellitus II is remanded. Entitlement to service connection for a heart condition is remanded. Entitlement to service connection for lung condition, to include pulmonary sarcoidosis is remanded. Entitlement to service connection for obstructive sleep apnea is remanded. Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded. Entitlement to service connection for right hand condition is remanded. Entitlement to service connection for a bilateral leg condition, to include lower extremity radiculopathy, is remanded. Entitlement to service connection for acquired psychiatric disorder is remanded. Entitlement to service connection for a low back condition is remanded. Entitlement to service connection for a right hip condition is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for erectile dysfunction is remanded. REASONS FOR REMAND The Veteran had active service from December 1976 to July 1978. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from September 2013, February 2014, and September 2016 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2019, the Board remanded the claims for additional development. The issues of service connection for a lung condition, sleep apnea, GERD, right hand condition, bilateral leg condition, acquired psychiatric condition, low back condition, right hip condition, bilateral hearing loss, and erectile dysfunction are remanded due to a lack of substantial compliance with the August 2018 Board remand directives. See Stegall v. West, 11 Vet. App. 268 (1998) The Veteran contends that his disabilities were caused by or are secondary to injuries sustained during active service. Regrettably, further development is required. First, a February 2020 VA psychiatric examination report shows that the Veteran receives social security disability insurance (SSDI) for his physical disabilities since 2003. These records are not associated with the claims folder and must be obtained. Next, during the February 2020 psychiatric examination report, the Veteran indicated that he had been hospitalized during service for injuries sustained after loading gun powder. The Veteran should be asked to identify any information regarding the hospital where he was treated for his injuries during active service. Finally, in the Board’s prior remand, it was noted that the only service treatment record currently available was the Veteran’s entrance examination and report of medical history. The Board concluded that remand was needed to obtain the Veteran’s complete service treatment records and associate them with the claims file. The Board previously remanded the Veteran’s case with specific instructions for the RO to obtain all outstanding service treatment records. If that request was unsuccessful, the RO was to issue a formal finding of unavailability and notify the Veteran. Review of the claims file includes a screen shot of a records request in July 2019 to the National Personnel Records Center (NPRC), and the Veteran was notified that his service treatment records were unavailable based on a negative response from NPRC. In internal RO correspondence, it was noted that JLV must be doublechecked prior to finding that the service treatment records were unavailable. However, the letter sent to the Veteran regarding unavailability of records does not note any effort to check JLV (an electronic health record including data from VA and the Department of Defense). Thus, it is unclear whether the RO substantially complied with the Board’s remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). On remand, the RO is to take all appropriate steps to request the Veteran’s service treatment records. If this action was already taken, then a formal finding of unavailability detailing all actions taken to obtain the records must be added to the file. Of final note, the Board is aware of the positive opinion provided by the February 2020 VA examiner regarding the Veteran’s psychiatric disorder. However, as additional development is required concerning service treatment records and reported inservice hospitalization, additional records received may require a new addendum opinion for clarification. Accordingly, the Board must remand the claim. The matters are REMANDED for the following action: 1. Request information from the Veteran regarding his alleged hospitalization during service. If sufficient information is received, request the Veteran’s inpatient/hospital records. 2. Obtain the Veteran’s SSDI records relevant to the matters on appeal. 3. Take all appropriate steps to obtain the Veteran’s service treatment records, to include checking JLV as referenced by the RO. The search for the service treatment records should continue until there is reasonable certainty that these records do not exist or that further attempts to obtain them would be futile. If efforts to obtain service treatment records are unsuccessful, prepare a Memorandum of Formal Finding of Unavailability of Service Treatment Records, and notify the Veteran accordingly. 4. Following completion of the above and any other development deemed necessary, readjudicate the remanded issues. If still denied, returned the matters to the Board for appellate review if otherwise in order. JESSICA SEAY Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Lauritzen, Associate 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.