Citation Nr: 22018074 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 14-31 295A DATE: March 28, 2022 REMANDED Service connection for a back disability is remanded. Service connection for a right knee disability is remanded. Service connection for a heart disorder (claimed as abnormal heart rhythm) is remanded. Service connection for headaches is remanded. REASONS FOR REMAND The Veteran served with the Massachusetts National Guard for approximately 21 years with documented active duty service from March 28, 1979 to July 27, 1979. These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before a Veterans Law Judge (VLJ) in May 2018 who is now retired. The hearing transcript is of record. In February 2022, a letter was sent to the Veteran asking whether he would like a new hearing. No response from the Veteran was received. Therefore, the Board finds that he has declined to have another hearing. The Board remanded the issues for further development in September 2018. Specifically, the Board instructed the RO to attempt to obtain outstanding service personnel and treatment records. Although the Board regrets the delay, an additional remand is required. Initially, while it appears many of the Veteran's records from the Massachusetts National Guard were already associated with the record prior to the September 2018 remand, those remand directives still instructed the RO to ensure all service medical and personnel records from his Guard service were associated with the record. Personnel records were received in October 2019 following a request through the Defense Personnel Records Information Retrieval System (DPRIS). Records from the Defense Finance and Accounting Service (DFAS) were received in February 2021. In June and July 2019, the RO sent letters to the A-Company 118th Area Support Medical Battalion, Massachusetts Army National Guard, located in Concord, Massachusetts. A November 2019 response from The Commonwealth of Massachusetts Executive Office of Public Safety & Security, Military Division, located at Hanscom Air Force Base (AFB) reflects that previous letters from VA were sent to an armory where the Veteran's unit used to be located, but has since moved. The letter indicates that they did not have possession of the Veteran's medical records and suggested contacting the "MA ARNG MEDCOM, Hanscom AFB, MA" for those records. The RO failed to contact the above-referenced records repository, and therefore, a remand is required for them to do so. Further, to ensure all appropriate repositories have been exhausted, the Board notes that although it is state dependent, typically, National Guard records are held with a state's Office of the Adjutant General. Accordingly, the RO must contact the Massachusetts Office of the Adjutant General to attempt to obtain any outstanding National Guard records. Further, the record reflects that the Veteran receives Social Security Administration (SSA) disability benefits. See October 2020 SSA Profile and Benefit Data (noting the Veteran has Title II eligibility). No requests to obtain these identified SSA disability records have been made by the RO. Given that these records may be relevant to the Veteran's claims, a remand is required to attempt to obtain them. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992). The Veteran and his representative have the right to submit additional evidence and argument on the matters the Board has remanded. See Kutscherousky v. West, 12 Vet. App. 369 (1999). The matters are REMANDED for the following action: 1. Make all attempts in accordance with VA regulation to obtain the Veteran's outstanding Massachusetts National Guard service personnel AND medical records. Attempts to obtain these records must be made to: (a) MA ARNG MEDCOM, Hanscom AFB, MA (see letter received in November 2019 from The Commonwealth of Massachusetts Executive Office of Public Safety & Security, Military Division); (b) The Office of the Adjutant General of Massachusetts; and (c) Any other appropriate records repository. If these records are unavailable or it is determined that further attempts to obtain them would be futile, the RO must prepare a Memorandum of Formal Finding of Unavailability outlining all steps taken to attempt to obtain these records and associate it with the claims file. 2. Make all attempts in accordance with VA regulation to obtain the Veteran's Social Security Administration disability benefit records. If these records are unavailable or it is determined that further attempts to obtain them would be futile, the RO must prepare a Memorandum of Formal Finding of Unavailability outlining all steps taken to attempt to obtain these records and associate it with the claims file. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board O'Connell, Jessica L. 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.