Citation Nr: 21040805 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 13-28 112 DATE: July 7, 2021 REMANDED Entitlement to service connection for bilateral stress fracture of the tibia is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran had active military service from April 1990 to January 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In May 2015, the Veteran testified at a Board hearing. However, in June 2015, the Veteran was notified that a written transcript of the proceeding could not be produced due to audio malfunctions. See June 2015 Correspondence. The Veteran was given another opportunity to be heard before the Board. However, no response was received. The Board proceeded to adjudicate the issues on appeal. After the issuance of the February 2016 Board remand order, the Veteran requested a hearing. In October 2020, the Veteran testified at a Board hearing. The transcript of the hearing is of record. By way of background, in February 2016, the Board granted the Veteran's petition to reopen his claims for entitlement to service connection for bilateral foot disability and bilateral stress fracture of the tibia; and remanded those issues and the issue of entitlement to service connection for a spine disability for further evidentiary development and adjudication. That development has been accomplished, and the claims have now been returned to the Board for further action. See Stegall v. West, 11 Vet. App. 268 (1998). The Board notes that since the February 2016 Board decision, the Veteran was granted service connection for the bilateral foot disability and this matter is no longer on appeal. The Board further notes that the Veteran filed a notice of disagreement and claimed that he is entitled to an increased rating for his bilateral foot disability. He is waiting for a hearing date on this issue. After reviewing the record, the Board has recharacterized the claim for degenerative disc disease of the spine into two claims, one for the cervical spine and one for the lumbar spine, as reflected above. Clemons v. Shinseki, 23 Vet. App. 1 (2009). 1. Entitlement to service connection for bilateral stress fracture of the tibia is remanded. 2. Entitlement to service connection for a cervical spine disability is remanded. 3. Entitlement to service connection for a lumbar spine disability is remanded. The Veteran contends that he developed shin splints, cervical spine, and lumbar spine disabilities during service as the result of physical activity during boot camp. He testified that he began to experience neck and back pain after carrying a heavy pack on a road march. The Veteran stated that he further aggravated his back after lifting a refrigerator during service, at the same time he injured his shoulder. In the October 2020 hearing, the Veteran attested that he saw Dr. Francis Rockett out of Newton-Wellesley for his low back disability in 2000. The Veteran stated that he did not have any work-related injuries that contributed to his back problems prior to 2000. Rather, he sought treatment for his low back disability due to his in-service injury of a refrigerator falling on him that dislocated his shoulder and hurt his back. A review of the records shows that the Veteran submitted treatment records in 2004 and 2005 with Dr. Rockett. The Board finds that as the Veteran identified possible pertinent treatment records since 2000, a remand is warranted to obtain these missing records. The Veteran also stated that he had neck surgeries in 2000, 2003, and 2006. The treatment record for the 2000 neck surgery is associated with the file. However, the 2003 and 2006 records are not of record. The Board also note that in June 2006, Social Security Administration (SSA) determined that the Veteran was disabled. See September 2015 Correspondence. No records from SSA are associated with the file. As such, SSA records should be obtained. Additionally, the Board notes that the most recent medical records are dated from 2011. As such, updated records should be obtained. As the medical records are sparse and as there are potentially outstanding records that are dated closer in time to his separation from service that may be probative to the claims, the Board finds that a remand is warranted to obtain these possible pertinent medical records. The matters are REMANDED for the following action: 1. Contact the Veteran and with his assistance identify any outstanding records of pertinent medical treatment from VA or private health care providers. In particular, obtain any outstanding treatment records from Dr. Francis Rockett and/or Newton-Wellesley from 2000 to the present; and records pertaining to his 2003 and 2006 neck surgeries from Dr. Friedberg. 2. Additionally, obtain SSA records in association with his 2006 SSA award of disability benefits. 3. Obtain any outstanding VA medical records. 4. Thereafter, readjudicate the claims on appeal. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. Noh, 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.