in my claim for my back injury, i have tried for years to get the va to assist me in gathering my records.this makes me so mad i cant stand it,below is what i think is a cue because the board ( as stated here is board trying to argue against the courts remand) post-hoc ? they keep asking for the wrong records , i told them i never applied ptsd,and i dont need any verified stressors,i just need the to get the morning reports and lite duty records , any way does this part look right or is it just me ??
REMAND
In part, the Joint Motion stated that because the Veteran had
stated that following two inservice back injuries he had been
placed on light duty for the remainder of his career during
service, the Veteran's service personnel records should have
been obtained prior to the Board's having adjudicated the
claim on the merits.
In this regard, the Board notes that following a March 2006
request, the National Personnel Record Center (NPRC) stated
that it had conducted an extensive and thorough search for
its records and was unable to locate the records requested
(i.e., the Veteran's service personnel records in conjunction
with a claim for service connection for PTSD). On the basis
of the request presented, the NPRC concluded that the records
either do not exist, the NPRC did not have them, or that
further efforts to locate them at the NPRC would be futile.
Nevertheless, the Joint Motion, which has been approved by
the Court, instructs the Board to remand the case for the
purpose of obtaining the Veteran's service personnel records.
Question
mos1833
in my claim for my back injury, i have tried for years to get the va to assist me in gathering my records.this makes me so mad i cant stand it,below is what i think is a cue because the board ( as stated here is board trying to argue against the courts remand) post-hoc ? they keep asking for the wrong records , i told them i never applied ptsd,and i dont need any verified stressors,i just need the to get the morning reports and lite duty records , any way does this part look right or is it just me ??
REMAND
In part, the Joint Motion stated that because the Veteran had
stated that following two inservice back injuries he had been
placed on light duty for the remainder of his career during
service, the Veteran's service personnel records should have
been obtained prior to the Board's having adjudicated the
claim on the merits.
In this regard, the Board notes that following a March 2006
request, the National Personnel Record Center (NPRC) stated
that it had conducted an extensive and thorough search for
its records and was unable to locate the records requested
(i.e., the Veteran's service personnel records in conjunction
with a claim for service connection for PTSD). On the basis
of the request presented, the NPRC concluded that the records
either do not exist, the NPRC did not have them, or that
further efforts to locate them at the NPRC would be futile.
Nevertheless, the Joint Motion, which has been approved by
the Court, instructs the Board to remand the case for the
purpose of obtaining the Veteran's service personnel records.
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