Citation Nr: 0813284 Decision Date: 04/23/08 Archive Date: 05/01/08 DOCKET NO. 05-07 774 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUE Entitlement to service connection for a bipolar disorder. REPRESENTATION Appellant represented by: David L. Huffman, Attorney WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD T. L. Douglas, Counsel INTRODUCTION The appellant is a veteran who served on active duty from April 1982 to April 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2004 rating decision by the Salt lake City, Utah, Regional Office (RO) of the Department of Veterans Affairs (VA). The case was subsequently transferred to the RO in Huntington, West Virginia. In March 2008, the veteran testified at a personal hearing before the undersigned Veterans Law Judge. A copy of the transcript of that hearing is of record. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The Veterans Claims Assistance Act of 2000 (VCAA) describes VA's duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a) (2007). A review of the record shows the veteran was notified of the VCAA duties to assist and of the information and evidence necessary to substantiate his claim by correspondence dated in January 2004. As this case must be remanded for additional development the Board also finds that remedial notice is required as result of the decision in Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006). In this case, the veteran contends that his bipolar disorder was incurred in 1991 while he was an activated member of the Air Force Reserve working full time at Hill Air Force Base in Layton, Utah. Correspondence from the Department of the Air Force, Headquarters Air Reserve Personnel Center, dated in September 1993 noted the veteran was relieved from his current assignment and placed on the retired reserve list. There is no indication as to whether any reserve service may be considered active service for VA compensation purposes. During his March 2008 Travel Board hearing, the veteran presented for review some pay vouchers dated during the time period in question, issued by the Accounting and Finance Office of the Department of the Air Force. In May 1984, a pay voucher showed the veteran in receipt of quarters pay, rations pay, and clothing pay. Another voucher, for the period ending February 13, 1988, indicated that the veteran worked 80 hours in a two-week period, and a portion of his salary was diverted to the Civil Service Retirement fund. Action must be taken to determine when the veteran became a civilian employee of the United States Air Force, and when he had active duty for training as a reservist. The Board also notes that the available record shows the veteran is receiving Social Security Administration (SSA) disability benefits, but that the records associated with that claim have not been obtained to assist the veteran in substantiating his present claim. Therefore, additional development is required prior to appellate review. Service connection may be granted for a disability resulting from personal injury suffered or disease contracted in line of duty or for aggravation of preexisting injury suffered or disease contracted in line of duty. 38 U.S.C.A. §§ 1110, 1131 (West 2002); 38 C.F.R. § 3.303 (2007). VA law provides that active military, naval, or air service includes any period of active duty for training (ACDUTRA) during which the individual concerned was disabled or died from a disease or injury incurred in or aggravated in line of duty, or any period of inactive duty training (INACDUTRA) during which the individual concerned was disabled or died from injury incurred in or aggravated in line of duty. 38 U.S.C.A. § 101(21), (24) (West 2002); 38 C.F.R. § 3.6(a), (d) (2007); Biggins v. Derwinski, 1 Vet. App. 474, 477-78 (1991). Accordingly, the case is REMANDED for the following action: 1. The veteran should be provided any additional VCAA notice required as result of the decision in Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006). 2. The AMC/RO is to undertake appropriate efforts to obtain service department verification of the veteran's Air Force Reserve service during the period from approximately April 1987 to September 1993. It should be noted that the veteran contends he was an activated reserve member during this period working full time at Hill Air Force Base in Layton, Utah. The AMC/RO is to undertake development to ascertain when the veteran became a civilian employee of the Department of the Air Force. Among the agencies to be contacted is the Accounting and Finance Office of the Department of the Air Force. However, the AMC/RO is to contact any other agency that may provide shed some light onto this mystery. 3. The AMC/RO is to undertake appropriate efforts to obtain a complete copy of any Social Security Administration disability determination, as well as all associated medical records. 4. After completion of the above and any additional development deemed necessary, the issue on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the veteran and his attorney should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. The appellant 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. 2007). _________________________________________________ RENÉE M. PELLETIER 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).