Citation Nr: 0824924 Decision Date: 07/24/08 Archive Date: 07/30/08 DOCKET NO. 05-04 157 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to service connection for psoriasis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD C. Ferguson, Associate Counsel INTRODUCTION The veteran had active service from February 1973 to June 1975. According to the NGB Form 22, the veteran also had service with the Air National Guard of Missouri and as a reserve of the Air Force from October 1978 to August 1984. This matter returns to the Board of Veterans' Appeals (Board) following a May 2007 Remand. This matter was originally on appeal from a February 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required. REMAND In the May 2007 Remand, the Board instructed the RO/AMC, in pertinent part, to verify the veteran's periods of active duty for training and inactive duty training in the Missouri Air National Guard. The record reflects that the AMC sent correspondence to the Missouri National Guard State Headquarters and asked the office to forward a copy of all physical examinations, to include EOD and RAD examinations for the veteran, a complete copy of all service treatment records of the veteran, a copy of any line of duty determinations which may have been made because of any injury, and verification of all periods of service showing which dates are active duty and which are active duty for training. A response dated in June 2007 essentially reads that records for the veteran have never been sent to or received from the facility. It appears that no further action by the AMC was taken in an effort to verify the veteran's periods of Air National Guard service. Consequently, it remains unclear as to whether at the time of the March 1984 Air National Guard examination noting a diagnosis of psoriasis on the knees, the veteran was serving on active duty for training or inactive duty for training. The Board notes that the determination of the veteran's military status during his period of Missouri Air National Guard service, particularly at the time of the March 1984 Air National Guard periodic examination, is critical. Service connection may be granted for disability resulting from disease incurred or aggravated while performing ACDUTRA. 38 U.S.C.A. §§ 101(24), 106, 1131 (2002). Therefore, another attempt to obtain verification from the National Personnel Records Center or any other appropriate U.S. Government Records Depository of the veteran's periods of active duty, active duty for training, and inactive duty training for his time in the Missouri Air National Guard should be made. 38 U.S.C.A § 5103A(c); 38 C.F.R. § 3.159. The veteran is additionally advised that while VA is under an obligation to assist him in the development of the claim, he must actively assist VA in such development when he has information that is essential in this effort. Wamhoff v. Brown, 8 Vet. App. 517 (1996). Indeed, the law specifically mandates that a claimant for VA benefits has the responsibility to present and support the claim. 38 U.S.C.A. § 5107(a). In that regard, the veteran should also provide any substantiation of military service in his possession, including but not limited to pay vouchers; letters of appreciation or commendation; travel and movement orders; special orders involving any active duty, active duty for training, inactive duty training, or "special work" projects or any other documentation illustrating the veteran's military status during his Missouri Air National Guard service, particularly at the time of his March 1984 Air National Guard periodic examination. Accordingly, the case is REMANDED for the following actions: 1. Please contact the veteran and ask him to provide any substantiation of military service in his possession, including but not limited to pay vouchers; letters of appreciation or commendation; travel and movement orders; special orders involving any active duty for training, inactive duty training, or "special work" projects or any other documentation illustrating the veteran's military status during his service in the Air National Guard of Missouri and as a reserve of the Air Force, particularly at the time of his March 1984 Air National Guard examination. 2. After a reasonable amount of time, appropriate steps should be taken to verify the veteran's periods of active duty, active duty for training, and inactive duty training in the Air National Guard of Missouri and as a reserve of the Air Force for the period from October 1978 to August 1984. Please contact the National Personnel Records Center and any other appropriate government records depository in this effort as well as to obtain the veteran's military personnel file, to include any DA Forms 2-A or supplements, and any other records pertinent to the claim and not already of record. The RO/AMC also must determine the veteran's military status (i.e., active duty; active duty for training; or inactive duty training) at the time of the March 1984 Air National Guard periodic examination. If unable to do so, please provide explanation. 3. After any additional notification and/or development deemed necessary to include consideration of whether another skin examination and/or medical nexus opinion is needed based on the information obtained, the veteran's claim should be readjudicated. If any benefit sought on appeal remains denied, the veteran and his representative should be provided with a supplemental statement of the case that contains notice of all relevant actions taken, including a summary of the evidence and applicable law and regulations considered pertinent to the issue. An appropriate period of time should be allowed for response by the veteran and his representative. Thereafter, the case should be returned to the Board for further appellate consideration, if in order. The purpose of this REMAND is to obtain additional development and to ensure due process. The Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. The veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008). _________________________________________________ John E. Ormond, Jr. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).