Citation Nr: 21032004
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 15-05 620
DATE: May 25, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty with the United States Marine Corps from April 1967 to April 1971.  He had service in the Republic of Vietnam and is a recipient of the Purple Heart Medal and Combat Action Ribbon.

In June 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the claims file.

This matter was previously remanded by the Board in December 2018 and September 2020 for further development.  The matter returns for appellate consideration.  Unfortunately, for the reasons stated below, another remand is warranted. 

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

Although the Board regrets the delay, additional action is required before the Board may proceed with adjudication in this case.

Following the Board's September 2020 remand, additional service treatment records (STRs) were requested and obtained.  However, those STRs were not responsive to documents sought, i.e. entrance and exit examinations and treatment records related to the incident(s) for which the Purple Heart Medal and Combat Action Ribbon were awarded.  A December 2020 email correspondence noted that the PIES request for STRs were "incomplete."  A December 15, 2020 Request for Information requested the entrance physical examination and suggested checking "microfiche" and a line of duty for the Purple Heart Medal and Combat Action Ribbon.  A subsequent December 30, 2020 correspondence indicated a response was not given for that request and deemed incomplete.  Hence, it is unclear whether such actions were taken in response to the December 15, 2020 request.  A January 2021 final attempt letter indicated STRs were requested from NPRC in September 2020 and that all available records were uploaded on November 2019 and December 11, 2020.  However, it is still unclear if all records, including those in microfiche, have been obtained.  As such, the Board finds that a final attempt in obtaining the relevant STRs, notably the entrance/exit examinations and line of duty for the Purple Heart Medal and Combat Action Ribbon, should be made upon remand.

The matter is REMANDED for the following actions:

1. Obtain all outstanding service treatment records (STRs), to specifically include the Veteran's entrance and discharge examinations, as well as treatment records related to the incident(s) for which the Veteran was afforded the Purple Heart Medal and Combat Action Ribbon.  All efforts undertaken should be documented together with the responses received.  If complete STRs cannot be obtained, even after checking "microfiche" as originally suggested, issue a formal finding of unavailability, notify the Veteran that that his records could not be located, and inform him that he may provide alternative forms of evidence to support his claim.

2.  Then readjudicate the issue on appeal.  If the benefit sought is not granted, provide the Veteran and his representative a supplemental statement of the case and afford them adequate opportunity to respond.  Then, return the case to the Board for further appellate action.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. Asfaw, 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.