Citation Nr: 1552981	
Decision Date: 12/18/15    Archive Date: 12/23/15

DOCKET NO.  14-21 794	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Muskogee, Oklahoma


THE ISSUE

Entitlement to educational assistance benefits under Chapter 1607, Title 10, United States Code (Reserve Educational Assistance Program (REAP)); Chapter 30, Title 38, United States Code (Montgomery GI Bill (MBIG)), and Chapter 33, Title 38, United States Code (Post-9/11 GI Bill).


ATTORNEY FOR THE BOARD

L. Pelican, Associate Counsel



INTRODUCTION

The Appellant served on active duty for training from March 1993 to June 1993.

This case comes before the Board of Veterans' Appeals (the Board) from a March 2014 determination of a Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ).  VA will notify the Appellant if further action is required.


REMAND

Additional development is necessary before this matter can be adjudicated.

Although his DD Form 214 for the period from March 1993 to June 1993 has been associated with the claims folder, the Appellant asserts that he had other periods of service.  Specifically, he submitted a copy of a March 2001 letter from the U.S. Army Reserve Personnel Command indicating that he was discharged from the Army Reserve effective March 20, 2001.  Moreover, on his June 2014 VA Form 9, the Appellant reported that he completed 6 years of active duty service and 2 years of inactive duty.  A March 2014 education report based on information from the VA-DoD Identity Repository (VADIR) does not document service corresponding with the Appellant's reported service.  Thus, on remand, the Appellant's complete service personnel records should be obtained.

Accordingly, the case is REMANDED for the following actions:

1.  Contact the appropriate federal records depository and request the Appellant's complete service personnel records for the purpose of obtaining all of his active service dates and information concerning his Army Reserve service.  All efforts to obtain this evidence must be documented in the claims folder.

If after continued efforts to obtain the records it is concluded that it is reasonably certain they do not exist or further efforts to obtain them would be futile, the AOJ must notify the Appellant and (a) identify the specific records the AMC is unable to obtain; (b) briefly explain the efforts that the AMC made to obtain those records; (c) describe any further action to be taken by the AMC with respect to the claim; and (d) inform the Appellant that he is ultimately responsible for providing the evidence.  The Appellant must then be given an opportunity to respond.

2.  Then, after ensuring any other necessary development has been completed, readjudicate the Appellant's claim.  If action remains adverse to the Appellant, provide him with a supplemental statement of the case and allow an appropriate opportunity to respond.  Thereafter, the case should be returned to the Board.

The Appellant 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 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 2014).


_________________________________________________
S. S. TOTH
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2014), 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) (2015).