Citation Nr: 21040971
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 16-46 092
DATE: July 7, 2021

REMANDED

Entitlement to service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served from October 1986 to March 1987, September 1996 to April 1997, February 2003 to November 2003, with additional service in the National Guard with periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA).   

The Veteran states that he hurt his knee in June 2008 and then again in October 2008.  During this time, the Veteran was in the Texas Air National Guard.  Though service records from the Veteran's service in the Alaska Air National Guard are part of the record, the Veteran's service records from the Texas Air National Guard are not part of the record.   

As provided for by the Veterans Claims Assistance Act of 2000 (VCAA), the VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.326(a).  The Board finds additional effort is needed to obtain service records from the Texas Air National Guard.

 

The matter is REMANDED for the following action:

Contact the Texas Air National Guard and/or any other appropriate entity and request all records concerning the Veteran's service dates.

All efforts to obtain these records must be documented in the file. Such efforts shall continue until the records are obtained or it is reasonably certain that they do not exist or that further efforts to obtain them would be futile.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. Chalker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.