Citation Nr: 21041534 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 16-15 628 DATE: July 9, 2021 REMANDED The issue of entitlement to service connection for a right shoulder condition is remanded. The issue of entitlement to service connection for a low back condition is remanded. The issue of entitlement to service connection for a left knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1981 to April 1984. This matter is before the Board following his appeal of a May 2013 rating decision. In January 2019, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. The Board previously remanded this matter in May 2019. Unfortunately, because the Board cannot grant any of the Veteran's claims based on the current record, it will remand once more in order to ensure a complete record upon which to adjudicate the Veteran's claims. The Board previously remanded the appeal, in part, to obtain potentially outstanding service treatment and personnel records. While some personnel records were obtained on remand, they appear to remain incomplete. In this regard, there is reference to the Veteran receiving an Article 15 in December 1982 for cocaine possession. See February 1984 Disposition Form. However, there are no records associated with any Article 15 proceedings in the obtained personnel records. While there is an indication that there were unscannable service records, the nature of those records or the reasons they were unscannable were not provided as requested on the relevant forms. As such, the Board finds that another attempt should be made to obtain any outstanding service treatment or personnel records. Additionally, because the appeal is being remanded for other reasons, the Veteran should again be requested to complete authorizations for the release of private records related to his claims on appeal. The record shows that he underwent prior right shoulder and left knee surgeries, and, to date, complete records related to those surgeries have not been obtained. As they are relevant to the claimed disabilities on appeal, they should be obtained. The Board notes that the Veteran did not respond to a November 2019 request for authorization or records and points out that "[t]he duty to assist is not always a one-way street. If a veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence." Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The matters are REMANDED for the following action: 1. Ask the Veteran to identify all sources of private treatment related to his right shoulder, low back, and left knee disabilities since service, and advise him that he may submit any additional evidence or information he might have to support his claims, to include lay statements. After obtaining any necessary authorization forms from the Veteran, obtain any pertinent records identified and associate them with the claims file, to include all records related to right shoulder and left knee surgeries between 2007 and 2010, and all relevant records from South Arkansas Orthopedic Center, to include any history and physical. Any negative responses should be in writing and should be associated with the claims file. 2. Request from official sources the Veteran's complete service treatment and personnel records. If any records are unscannable, a description of the document and the reason the document is unscannable should be provided. If records are incomplete or are unobtainable, the claims file should be annotated to reflect as such, and the Veteran notified as such. S. C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Fagan 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.