Citation Nr: 1322560 Decision Date: 07/16/13 Archive Date: 07/24/13 DOCKET NO. 10-05 031 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office in New York, New York THE ISSUE Entitlement to payment of VA disability compensation benefits for the period from October 1972 to May 2000. (The issue of entitlement to an initial disability evaluation (rating) in excess of 20 percent for Type II diabetes mellitus is the subject of a separate decision.) REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD J. T. Hutcheson, Counsel INTRODUCTION The Veteran is the appellant in the instant appeal. He had active service from October 1963 to October 1972 with the Army and additional duty with the Army Reserve from February 1977 to May 1997. The Veteran served in the Republic of Vietnam and was awarded the Combat Infantryman Badge. This matter came before the Board of Veterans' Appeals (Board) on appeal from a January 2008 rating decision of the New York, New York, Regional Office (RO) which denied payment of VA disability compensation benefits prior to May 1, 2007 due to receipt of military retired pay. This appeal is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC. REMAND The Veteran asserts that he is entitled to retroactive payment of VA disability compensation benefits for the period from October 1972 to May 2000. He stated that he initially received military retirement pay in May 2000. In an April 2011 written statement, the representative advanced that the Veteran sought "the 50 months of 10% compensation that is still outstanding." The dates of the Veteran's receipt of military retirement pay and active duty pay during the period prior to May 2000 is not evident from a review of the record. The service personnel documentation indicates that the Veteran contracted pulmonary tuberculosis during his period of active service with the Army and was placed on the temporary duty retirement list (TDRL) in January 1970. In April 1970, the United States Army Finance Center, Retired Pay Division (USAFC) notified VA that the Veteran had been placed on the TDRL and had been in receipt of retired pay in the amount of $587.77 since January 1970. In May 1972, the Veteran was removed from the TDRL and returned to active duty. In October 1972, the Veteran separated from active service. In September 1973, VA contacted the USAFC and related that the "claims folder indicates that this veteran is in receipt of Retirement Pay from your office." In May 1974, the USAFC informed VA that the Veteran "cannot be identified as receiving retired pay from this office." The service personnel documentation conveys that the Veteran was commissioned into the Army Reserve in February 1977. He performed multiple periods of active duty until his retirement from the Reserves in May 1997. An April 2007 written statement from the Defense Finance and Accounting Service, Retired and Annuity Pay (DFAS) states that the Veteran's name and Social Security number were "not listed in our system." The DFAS requested that VA "investigate and remove the Special Law Code '06' in order to preclude this center from receiving any future transactions." A January 2008 RO notice to the Veteran informed him that he was entitled to a retroactive compensation payment for the period from September 2006 to July 2007 under the Defense Authorization Acts of 2003 and 2004. Those Acts restored some or all of the retired pay waived by certain military retirees. Generally, VA should obtain all relevant military and VA records which could potentially be helpful in resolving the Veteran's claim. Therefore, the Board finds that the DFAS or other appropriate entity should be contacted and requested to provide a written statement as to the Veteran's receipt of military retired pay and active duty pay, if any, during the period from October 1972 to March 2000. Accordingly, the case is REMANDED for the following action: 1. Contact the DFAS or other appropriate entity and request that it verify the Veteran's receipt of military retired pay and active duty pay, if any, for the period from October 1972 to March 2000. All responses received should be associated with the record. 2. Then readjudicate the issue of payment of VA disability compensation benefits for the period from October 1972 to May 2000. If the benefits sought on appeal remain denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response before the case is returned to the Board. The Veteran has the right to submit additional evidence and argument on the matter 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 or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. § 5109B, 7112 (West 2002). _________________________________________________ J. PARKER Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court. 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) (2012).