Citation Nr: 18144768 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 16-30 072 DATE: October 25, 2018 REMANDED Entitlement to service connection for lumbar spine degenerative disc disease, claimed as back injury, is remanded. Entitlement to service connection for a respiratory condition is remanded. Entitlement to service connection for throat cancer/lump in throat is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from January 1975 to December 1978. The Veteran enlisted in the Air National Guard in November 1979 and became a reserve retiree with the Air Force beginning in October 2003. The specific dates of the Veteran’s active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) are not clear from the record. These dates are pertinent in order to determine whether the Veteran is disabled from injuries incurred or aggravated in the line of duty during INACDUTRA and/or diseases or injuries incurred or aggravated in the line of duty during ACDUTRA. Additionally, remand is necessary to obtain addenda to the medical opinions of record. While file reviews were performed to provide VA medical opinions with respect to the Veteran’s extramedullary plasmacytoma in the throat region, his back disability, and his respiratory condition, the questions posed to the clinician contained inaccurate information regarding the amount of time the Veteran participated in pertinent training. Specifically, the questions posed referenced National Guard time from August 1982 to September 2003 generally consisting of drill days of two days a month and two weeks for active duty training. In his June 2016 VA Form 9, substantive appeal, the Veteran indicated his Reserve and National Guard service generally consisted of drill days, annual training, and an additional 30 to 60 days of training. Defense personnel records information retrieval system (DPRIS) records, in the form of his “ANG/USAFR Point Credit Summary” support the Veteran’s contention that his active duty for training and inactive duty for training exceeded the two drill days a month and two weeks of active duty training per year. The point credit summaries consistently show higher numbers. For example, from August 8, 1994 to August 7, 1995 it was noted the Veteran had nine active duty training days and 52 inactive duty training days. From August 8, 1996 to August 7, 1997 it was noted the Veteran had 28 days of active duty training and 48 days of inactive duty training. From August 8, 1999 to August 7, 2000 it was noted the Veteran had 22 days of active duty training and 50 days of inactive duty training. Furthermore, the Veteran also noted in his VA Form 9 that he was exposed to asbestos, dangerous chemicals, and fumes, including chemical agent resistant coating (CARC) paint beginning in 1978. The Veteran was on active duty through December 1978. Remand is necessary to determine the specific dates of the Veteran’s qualifying service and to obtain addenda to the medical opinions in order to account for all of the Veteran’s qualifying service. The matters are REMANDED for the following actions: 1. Contact all appropriate sources for records showing the periods of active duty, ACDUTRA and INACDUTRA served by the Veteran. All records requests and responses received must be documented in the claims file and all pertinent follow-up should be undertaken. 2. Obtain any outstanding medical records relevant to the claims on appeal. 3. After completing the above-requested development, refer the Veteran’s claims file to an appropriate VA clinician or clinicians. A complete copy of this remand must be made available to, and reviewed by, the examiner. Provide the clinician with the Veteran’s verified dates of active duty, ACDUTRA and INACDUTRA. The examiner is asked to provide answers to the following questions: (a.) Is it at least as likely as not that any back disability the Veteran currently has, including degenerative disc disease of the lumbar spine, or has had at any time during the appeal period, had its onset in service or is otherwise related thereto (considering all periods of active duty service, verified ACDUTRA and INACDUTRA). Please explain why or why not. (b.) If not, determine whether it is at least as likely as not that any back disability was aggravated (permanently increased in severity beyond the natural progression of the disorder) during or as a result of service (considering all periods of active duty service, verified ACDUTRA and INACDUTRA). Please explain why or why not. (c.) Is it at least as likely as not that any respiratory disability the Veteran currently has or has had at any time during the appeal period, had its onset in service or is otherwise related thereto (considering all periods of active duty service, verified ACDUTRA and INACDUTRA). Please explain why or why not. (d.) If not, determine whether it is at least as likely as not that any respiratory disability was aggravated (permanently increased in severity beyond the natural progression of the disorder) during or as a result of service (considering all periods of active duty service, verified ACDUTRA and INACDUTRA). Please explain why or why not. (e.) Is it at least as likely as not that any extramedullary plasmacytoma in the throat region had its onset in service or is otherwise related thereto (considering all periods of active duty service, verified ACDUTRA and INACDUTRA). Please explain why or why not. (f.) If not, determine whether it is at least as likely as not that any extramedullary plasmacytoma in the throat region was aggravated (permanently increased in severity beyond the natural progression of the disorder) during or as a result of service (considering all periods of active duty service, verified ACDUTRA and INACDUTRA). Please explain why or why not. The clinician is advised that the Veteran is competent to report his symptoms and history, and such reports must be acknowledged and considered in formulating any opinion. A clear explanation for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. If the clinician is unable to provide an opinion he or she should explain why. If the reviewer determines that an examination (or another examination in the case of his back disability) is necessary to arrive at any requested opinion, an examination should be scheduled. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R.Vemulapalli, Associate Counsel