Citation Nr: 21039665 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 18-11 014 DATE: July 1, 2021 REMANDED Entitlement to service connection for a low back disorder is remanded. Entitlement to service connection for a sinus disorder, to include allergic rhinitis, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1979 to October 1982. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. 1. Entitlement to service connection for a low back disorder is remanded. 2. Entitlement to service connection for a sinus disorder, to include allergic rhinitis, is remanded. The Veteran contends that his low back disorder is due to two motor vehicle accidents that took place during active duty in Germany. See NOD (September 2014); Hearing Transcript (January 2021). He stated that he was treated by medics in the "field" as these accidents occurred during training maneuvers. See Hearing Transcript (January 2021). The Veteran asserts that his sinus disorder, to include allergies due to pollen, began in the summer while he was stationed in Germany. See NOD (September 2014); Hearing Transcript (January 2021). He stated that he was treated at sick call. See Hearing Transcript (January 2021). The Board finds that remand is required to attempt to obtain the Veteran's service treatment records (STRs) and VA medical records. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records and VA medical records. 38 C.F.R. § 3.159(c)(2). VA will end its efforts to obtain records only where it concludes that the records sought do not exist or that further efforts to obtain those records would be futile, such as where the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them. 38 C.F.R. § 3.159(c)(2). In May 2013, the RO requested the Veteran's STRs from the National Personnel Records Center (NPRC). See VA 21-3101 Request for Information (July 2013). In June 2013, the NPRC provided a negative response, stating that "the record retired to Code 13 contains no STRs. We have no information as to where the STRs are presently or even if they still exist." See VA 21-3101 Request for Information (July 2013). The RO issued a Memorandum of Unavailability regarding the Veteran's STRs, noting that this was the only action taken to attempt to obtain the STRs. See VA Memo (July 2013). The RO did not conduct any additional searches via the Records Management Center, the Veteran's branch of service (Army), or any other potential repositories of the Veteran's STRs. Accordingly, this must be done on remand. At the January 2021 Board hearing, the Veteran reported that he first sought treatment for his sinus disorder in the 1990s at the Bay Pines VA Medical Center. He also testified that he first sought treatment for his low back disorder in 2002 also at Bay Pines VA Medical Center. See Hearing Transcript (January 2021). Although there are VA treatment records associated with the claims file, it appears that not all records have been obtained. There is one VA treatment record dated in December 1998, and the next entry is dated in October 2012. See CAPRI (September 2013), CAPRI (January 2018). Additionally, the 1998 treatment record does not indicate that this was the Veteran's first time being seen at VA Medical Center. See CAPRI (September 2013). The last VA treatment record is dated in January 2018. See CAPRI (January 2018). Accordingly, remand is required to obtain additional relevant VA medical records. The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment, to include all records dated in and after 1990 to 2012 and from 2018 to the present. 2. Obtain the Veteran's STRs through official sources and potential repositories of such records to include, but not limited to, the Department of the Army and the RMC. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they 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 Veteran and his representative. 3. Conduct any other development deemed necessary and readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M., 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.