Citation Nr: 25005643
Decision Date: 04/24/25	Archive Date: 04/24/25

DOCKET NO. 16-14 504
DATE: April 24, 2025

REMANDED

The issue of entitlement to service connection for a cervical spine disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1969 to December 1970 and from December 1973 to June 1979, with periods of service in the Army National Guard. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision.

In February 2024, the Board denied the present appeal.  The Veteran appeal to the U.S. Court of Appeal for Veterans Claims (Court or CAVC), which in December 2024 granted a joint motion for remand (JMPR), thereby vacating the February 2024 Board decision and remanding the matter back to the Board.

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As discussed in the December 2024 JMR, in November 2010, VA requested the Veteran's service treatment records, but the records department responded that there were no service treatment records on file and instructed VA to use the Defense Personnel Records Information System (DPRIS) to obtain information from personnel records in the custody of the Department of Defense.  In March 2013, VA submitted a request to DPRIS.  However, it is not clear whether VA ever received a response to its request.  In addition, it is not clear whether either the November 2010 or the March 2013 request also encompassed an attempt to obtain the Veteran's service treatment records from his period of service in the Army Reserve or the Army National Guard.  Additionally, no formal finding was made that further attempts to pursue the Veteran's service treatment records would be futile.  See 38 C.F.R. §3.159(c)(2).

VA has a duty to assist claimants in the development of their claims, to include obtaining service treatment records.  38 C.F.R. § 3.159.  As noted above, there are legitimate questions as to whether VA has adequately satisfied its duty to obtain the Veteran's service treatment records.  In view of this, the appropriate course of action is to remand this matter back to the AOJ, for a renewed effort to obtain all outstanding service treatment records, to include service treatment records from any period of service in the Army Reserve or the Army National Guard.

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This matter is REMANDED for the following action:

Take appropriate action to obtain the Veteran's complete service treatment records, to include service treatment records from any period of service in the Army Reserve or the Army National Guard.  Should the AOJ determine that any such records are unavailable and that further attempts to pursue them would be futile, it should make a formal finding to that effect and provide notice of this finding to the Veteran and his representative. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. López, 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.