Citation Nr: 21031114
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 19-22 867
DATE: May 20, 2021

REMANDED

Entitlement to service connection for a low back injury is remanded.

Entitlement to service connection for a right hip injury is remanded.

Entitlement to service connection for epididymitis (right testicle) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from July 1954 to April 1958.

In an August 2019 decision, the Board remanded the issues for additional development. The agency of original jurisdiction (AOJ) issued a March 2021 supplemental statement of case (SSOC) and returned the case to the Board.

1. Entitlement to service connection for a low back injury is remanded.

2. Entitlement to service connection for a right hip injury is remanded.

3. Entitlement to service connection for epididymitis (right testicle) is remanded.

In its August 2019 remand, the Board noted that the Veteran reported falling from a telephone pole and injuring his back and hip while on active duty in Japan. The Veteran's military personnel records confirmed his service in Japan; however, there were no medical records from the two years the Veteran was stationed in Japan. The Board directed the AOJ to attempt to obtain these records, and if unavailable, to notify the Veteran in accordance with 38 C.F.R. § 3.159(e). 

An August 2020 deferred rating indicated the required development for the Veteran's medical records had not been completed. The AOJ was directed to complete development of the case and attempt to obtain the outstanding records, including those from the Veteran's service in Japan, and if unavailable, the record be annotated, and the Veteran notified. The evidence of record does not reflect that the necessary development has been completed and therefore the Board finds there has not been substantial compliance with the prior remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Undertake appropriate development to obtain any outstanding records pertinent to the Veteran's issues on appeal, to specifically include any medical treatment records not already obtained from the Veteran's service in Japan. If any requested records are not available, the record should be annotated to reflect the negative finding and the Veteran notified in accordance with 38C.F.R. §3.159(e).

2. Once additional development is completed, if medical treatment records from the Veteran's service in Japan are available, request additional medical opinions from an appropriate clinician for the Veteran's right testicle, right hip, and back conditions,  It is up to the discretion of the reviewing clinician as to whether a new examination is necessary to provide an adequate opinion. 

After review of the record, the reviewing clinician must provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any currently diagnosed right testicle, right hip, or back conditions are etiologically related to the Veteran's period of service, or his in-service injuries.

A rationale for all opinions expressed should be provided as the Board is precluded from making medical findings. A discussion of the facts and the medical principles involved will be of considerable assistance to the Board, including citation to any supporting medical treatises.

3. Then readjudicate the claims.  If any benefit sought is not granted, the Veteran and his representative should be furnished an SSOC and given the requisite opportunity to respond before the case is returned to the Board.

 

 

ERIC MINE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Aubee, 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.