Citation Nr: 22013527 Decision Date: 03/09/22 Archive Date: 03/09/22 DOCKET NO. 18-11 014 DATE: March 9, 2022 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. In July 2021, the Board remanded the matters for additional development. 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 record reflects that the Veteran served in the United States Army Reserves from September 1979 to October 1979; then on active duty from October 1979 to October 1982.; then in the Reserves (reinforcement) from October 1982 to December 1982. The record also reflects that the Veteran served in the Army National Guard of Florida and as Reserve of the Army. See Military Personnel Records [NGB Form 22A] (October 2021). Form DD 214 reflects a Reserve Obligation until September 1985. The Veteran testified that, around 1980, he injured his low back. He reported a motor vehicle accident on the German Autobahn (vehicle flipped and landing on its side). He also testified that he was involved in a second motor vehicle accidence as a "summer reforder" in a mock war with members of NATO, which he described as a head on collision with a two-and-a-quarter-ton truck. 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 another remand is required to attempt to obtain the Veteran's service records and outstanding VA medical records, and to ensure compliance with the previous remand directives. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c); see also Stegall v. West, 11 Vet. App. 268 (1998) (holding that where the remand orders of the Board are not substantially complied with, the Board errs as a matter of law when it fails to ensure substantial compliance). In July 2021, the Board remanded the matters on appeal to obtain outstanding service treatment records (STRs) and VA treatment records. The Board specifically instructed the RO to 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 [VA Records Management Center] RMC." In July 2021, October 2021, and in November 2021, the RO submitted a Personnel Information Exchange System (PIES) Request to code 13, the National Personnel Records Center (NPRC). In July 2021, NPRC provided some of the Veteran's service personnel records, but NPRC indicated that no service treatment records were available. In an August 2021 response, NPRC stated that the "requested records have been uploaded into VBMS," and in a November 2021 response, NPRC stated that the "all available STRs were previously uploaded into VBMS." The same partial service personnel records were uploaded to the claims folder in October 2021. Subsequently, the RO notified the Veteran with a formal finding of unavailability of his service treatment records, and in this notification letter, the RO documented their attempts to obtain the STRs from the NPRC. See Final Attempt Letter (November 2021). The record does not reflect that any attempts were made to contact the Department of the Army or the RMC for the Veteran's STRs as instructed by the Board's remand. As the Board finds that there has not been substantial compliance with the July 2021 remand directives, the claims must again be remanded for additional development. See Stegall, supra. In addition, there is no indication in the claims folder that a complete set of the Veteran's service personnel records have been sought or found to be unavailable. Such records may contain information that supports the Veteran's claims, such as a separation examination. Therefore, on remand, the RO must perform appropriate development to obtain a complete set of the Veteran's service personnel records. Finally, VA treatment records dated from 1991 to 2012 have been associated with the claims folder. These VA treatment records the Veteran was seen for low back pain on July 31, 2002, and imaging of the lumbar spine was ordered. Similarly, the Veteran was seen on January 9, 2007, for low back pain, and again, imaging of the lumbar spine was ordered. See CAPRI (July 2021). However, the record does not contain the reports of the lumbar spine x-rays from 2002 and 2007. On remand, the RO must obtain any outstanding lumbar spine imagining results from 2002 and 2007. The matters are REMANDED for the following action: 1. Contact the appropriate records repositories, to include the Records Management Center, Department of Army, and the Veteran's National Guard unit along with Florida State headquarters for the Army National Guard, to obtain the Veteran's service treatment records and a complete set of his service personnel records. All efforts to obtain the records must be documented in the claims file, and any records received pursuant to this request must be associated with the claims file. If such records are unavailable or do not exist, a memorandum explaining the efforts undertaken should be provided to the Veteran and his representative. 2. Take appropriate steps to obtain and associate with the claims file any VA medical imaging results of the Veteran's lumbar spine conducted in July 2002 and January 2007. 3. Conduct any other development deemed necessary and readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. 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.