Citation Nr: 21032278
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 09-22 882
DATE: May 26, 2021

REMANDED

Service connection for low back strain is remanded.

REASONS FOR REMAND

The Appellant served on active duty from December 16, 1955 to December 15, 1958.

This appeal comes before the Board of Veterans' Appeals (Board) from a July 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California.

In the instant matter, the complete file for the claim of entitlement to service connection for low back strain cannot be located, and documentation pertinent to the appeal is not in the electronic record. Therefore, it must be remanded in order for the AOJ to reconstruct the record and upload all documentation related to the appeal to the electronic claims file. If such records are unable to be located, the AOJ should make a formal finding of unavailability. 

Additionally, the record reflects that the VA's Office of the Inspector General (OIG) opened an investigation for possible fraud regarding whether the Appellant served in the United States Military. The OIG investigation report has not been obtained. Therefore, a remand is required to obtain any report or findings made by the VA OIG regarding the Appellant. 

The matters are REMANDED for the following action:

1. Reconstruct the record and upload all documentation related to the claim for entitlement to service connection for low back strain to the electronic claims file.

If such records are unable to be associated with the record, the AOJ should document the steps taken to recreate the record.

2. Request that the Appellant submit any military documents he might have, including, but not limited to, his DD-214, service treatment records, and or military personnel records. 

3. Contact the VA OIG and, to the extent possible, obtain for the record any report or findings made by the VA OIG regarding the Appellant. Any documentation or evidence used to reach any conclusion by the OIG should also be obtained, including any of the documents identified as attachments or enclosures to the report of investigation, if such documentation is releasable.

Should the OIG conclude that privacy issues preclude the provision to VA of any of any documentation or evidence used to reach any decision in the Veteran's claim, a redacted copy should be obtained.

If any requested records are not available, the search for any such records otherwise yields negative results, or these records are not obtainable, that fact must clearly be documented in the claims file. Efforts to obtain these records should continue until it is determined that the documents do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Appellant.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Patrick C. Brady, Attorney Advisor

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.