Citation Nr: 18146917
Decision Date: 11/02/18	Archive Date: 11/01/18

DOCKET NO. 14-41 885
DATE:	November 2, 2018
REMANDED
Whether the character of the appellant’s discharge is a bar to his receipt of Department of Veterans Affairs (VA) benefits, other than health care under Chapter 17, Title 38, United States Code, is remanded.
The issue of entitlement to health care under Chapter 17, Title 38, United States Code, was raised by the appellant in an October 2015 statement but has not been adjudicated by the Agency of Original Jurisdiction (AOJ). It is referred to the AOJ for adjudication.
REASONS FOR REMAND
The appellant had active service from May 1971 to December 1973. 
The Veteran testified in support of these claims during a hearing held at the Regional Office before the undersigned Veterans Law Judge in April 2018.
A January 1974 VA Administrative Decision found that the appellant’s character of discharge was a bar to the receipt of VA benefits. The appellant did not submit a timely notice of disagreement and the January 1974 Administrative Decision is final. Generally, a finally adjudicated claim can be reopened only after the submission of new and material evidence. 38 C.F.R. § 3.156(a). In contrast to the general rule, however, if, at any time after VA issues a decision on a claim, VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when it first decided the claim, VA will reconsider the claim. 38 C.F.R. § 3.156 (c)(1); see also Blubaugh v. McDonald, 773 F. 3d 1310 (2014). 
Here, additional service treatment records were received by the RO in June 1975. Therefore, the Board will review the claim without first determining whether the criteria to reopen the prior final decision have been met. 
Whether the character of the appellant’s discharge is a bar to his receipt of VA benefits, other than health care under Chapter 17, Title 38, United States Code is remanded.
Unfortunately, a remand is required in this case for the issue on appeal. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the appellant’s claim so that the appellant is afforded every possible consideration.
The appellant’s service personnel records are not a part of his claims file. In general, these records tend to describe responsibilities in service, and include descriptions of performance to include any related disciplinary actions.  They are relevant and need to be obtained and reviewed prior to deciding the matter.
The matter is REMANDED for the following action:
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Obtain the appellant’s service personnel records and associate them with the appellant’s claims file to aid in determining whether the appellant’s character of discharge is a bar to the receipt of VA compensation benefits.
 
MATTHEW TENNER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Parke