Citation Nr: 18147537
Decision Date: 11/06/18	Archive Date: 11/05/18

DOCKET NO. 11-00 490
DATE:	November 6, 2018
REMANDED
Legal entitlement for one-time payment from the Filipino Veterans Equity Compensation fund (FVEC) is remanded.
REASONS FOR REMAND
In October 2016, the Board denied the appellant’s claim, and the appellant appealed this decision to the United States Court of Appeals for Veterans Claims (Court). In November 2017, pursuant to a Joint Motion for Remand (Joint Motion), the Court vacated the Board’s October 2016 decision and remanded the claim for further development. In June 2018, the Board again remanded the claim for development consistent with the guidance provided in the Joint Motion. 
Unfortunately, the Board must once again remand the claim for development consistent with the guidance provided in the Joint Motion. Stegall v. West, 11 Vet. App. 268 (1998) (holding that a remand by the Court or the Board confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders).
The Board’s June 2018 remand directed the Agency of Original Jurisdiction (AOJ) to request the appellant’s two claims folders from the Army or its designated records agency, the National Personnel Records Center (NPRC). In response NPRC provided a guerrilla roster showing the appellant’s name and some additional explanation about the appellant. However, NPRC did not provide the claims folders or state that the guerrilla roster was the only information it had pertaining to the appellant. In order to fully comply with the Joint Motion, the AOJ must again request this information from NPRC. 
The matter is REMANDED for the following action:
The Army’s September 2015 communication indicated that two “claim folders” existed for the appellant. The Court’s November 2017 Joint Motion found that VA failed to adequately assist the Appellant by not requesting such folders. Request that NPRC provide to VA the claim folders that it identified in September 2015. NPRC has provided the guerrilla roster for the appellant. However, NPRC has not indicated if it has any further “claims folders” for the appellant or any other additional information relevant to the appellant. NPRC must provide both claims folders and/or any additional information that it has relevant to the appellant or indicate that the guerrilla roster it provided is the only information that it has relevant to the appellant.  
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If such is not available, a negative response, with sufficient explanation, is required.
 
DELYVONNE M. WHITEHEAD
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Parke