08-11 279, 08-11 279

Veteran served on active duty Feb 1966–Feb 1969 and seeks service connection for degenerative disc disease of the lumbar spine.
Original RO decision dated Oct 2005; multiple remands and hearings followed (Dec 2008 hearing; Board remands in Oct 2009, Mar 2011, Sept 2015, June 2016).
The Board denied service connection in Nov 2013; the U.S. Court of Appeals for Veterans Claims vacated that denial in a Mar 2015 memorandum decision and remanded for further development.
VA development revealed the Veteran had a private disability retirement claim with Monsanto in 1986; Monsanto responded that no records were found and suggested Solutia might hold files.
VA requests for Solutia records were rejected or not completed; the Board found VA had not made reasonable efforts to obtain Solutia/related records for the 1979–1986 period.
The Board remanded again, directing VA to seek Solutia, Inc. records (1979–1986), document all attempts, notify the Veteran if records are unavailable, allow submission of any Veteran-held records, then readjudicate and provide a supplemental statement of the case if benefits are denied in whole or part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to service connection for lumbar degenerative disc disease	Veteran: condition is related to service and supported by private disability retirement records (Monsanto/Solutia)	VA: record lacks adequate evidence connecting current disability to service; requested private employer records not located	Remanded: VA must make reasonable efforts to obtain Solutia/related records (1979–1986) and then readjudicate

Kutscherousky v. West, 12 Vet. App. 369 (1999) (remand allows claimant opportunity to submit additional evidence and argument)