- service treatment records , and by providing an examination , when necessary . 38 U . S . C . A . § 5103 A ; 38 C . F . R . § 3 . 159 . In May 2008 , the RO issued a Formal Finding on the Unavailability of Records indicating that the Veteran ' s service treatment records were unavailable for review . Although the memorandum did not properly list the steps taken to obtain these records , the record adequately indicates that a proper request was made for the Veteran ' s active service records , but no records were found . Several of the Veteran ' s National Guard examinations are of record , and furthermore , the Veteran has asserted