Citation Nr: 22008197 Decision Date: 02/12/22 Archive Date: 02/12/22 DOCKET NO. 15-01 856 DATE: February 12, 2022 REMANDED Entitlement to service connection for a right arm disability, to include right elbow degenerative joint disease and right shoulder degenerative joint disease, is remanded. Entitlement to service connection for a right wrist disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1984 to August 1986. This matter is on appeal from a July 2012 rating decision. The Veteran and his spouse testified before the undersigned Judge at a November 2018 Board Videoconference Hearing. The claims were remanded by the Board of Veterans' Appeals (Board) in March 2019, December 2020, and in June 2021. In a January 2022 statement from the Veteran, the Veteran asserts that he did not receive sufficient notice to address his contentions as the supplemental statement of the case, which was dated December 3, 2021, did not arrive at his home until December 23, 2021, which was also during the holidays. The Board acknowledges the Veteran's assertion and finds that based on good cause, remand is warranted for additional development based on his contentions. In his response received January 5, 2022, he asserts that he has additional medical records that are missing, which are dated from 1990 to 1997, and are from Monroe Urgent Care, Dr. Phillip Green, and Dr. Harold Belk. Given that these files are not of record, remand is warranted for the Regional Office (RO) to attempt to secure these records. See 38 C.F.R. § 3.159(c). Next, the Veteran asserts that he is missing his 1986 separation examination. The Board notes that a specific request was accomplished in October 1986 for the Veteran's separation records and that while additional records were secured, no separation document was included. The request also informed the RO that it could make another request in 120 days. However, upon review of the record this was not accomplished. The Secretary has a duty to assist a claimant in obtaining evidence necessary to substantiate claims. That duty includes making "reasonable efforts to obtain relevant records . . . that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain." If the records are maintained by a Federal department or agency, "efforts to obtain those records shall continue until the records are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain those records would be futile." 38 U.S.C. § 5103A(b)(3); 38 C.F.R. § 3.159(e) (2019). Given such, to comply with the duty to assist, a request for the Veteran's 1986 separation examination should be accomplished and if unable to secure the examination, the Veteran should be notified and the file documented as to what action VA has accomplished. Additionally, the Veteran reports that during the pendency of the appeal, VA has given him new diagnoses of organic wrist pain and lateral epicondylitis. He notes that he will provide the medical records associated with this new diagnosis. Thus, although further delay is regrettable, the Board finds that that the claims must be remanded for further development. The matters are REMANDED for the following action: 1. With the assistance of the Veteran, obtain and associate with the record any outstanding service records, specifically request the Veteran's 1986 military separation examination. Pursuant to 38 C.F.R. § 3.159(e), any efforts to secure these records MUST be documented in the electronic claims file, and the Veteran MUST be informed if any of these records are unable to be secured. 2. With the Veteran's assistance as appropriate, obtain and associate with the claims file any outstanding pertinent medical records, whether VA or private, to include records relating to treatment from Monroe Urgent Care (Atrium Monroe Urgent Care), Dr. Phillip Green, and Dr. Harold Belk. Pursuant to 38 C.F.R. § 3.159(e), any efforts to secure these records MUST be documented in the electronic claims file, and the Veteran MUST be informed if any of these records are unable to be secured. 3. After step 1 and 2 are complete, new etiology opinions may be necessary if additional relevant records have been secured. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. J. Cho, 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.