Citation Nr: 18151374
Decision Date: 11/20/18	Archive Date: 11/16/18

DOCKET NO. 17-57 537
DATE:	November 20, 2018
REMANDED
The claim of entitlement to service connection for a back disability is remanded.
The claim of entitlement to service connection for a left knee disability is remanded.
The claim of entitlement to service connection for a right knee disability is remanded.
The claim of entitlement to service connection for bilateral hearing loss is remanded.
The claim of entitlement to service connection for bilateral tinnitus is remanded.
The claim of entitlement to service connection for sleep apnea is remanded.
The claim of entitlement to service connection for an acquired psychiatric disability, to include major depressive disorder (MDD) and schizophrenia, is remanded.
The claim of entitlement to a total disability rating due to individual unemployability (TDIU) based upon service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran had active duty for training (ACDUTRA) from August 1979 to January 1980 in the United States Army and Army National Guard with subsequent reserve service in the Army National Guard.
1. Entitlement to service connection for a back disability is remanded.
The Board notes that the Veteran served on ACDUTRA from November 21, 1992, to July 8, 1993.  He submitted a certificate of training for military police that notes those dates.  The Veteran has provided the location for the training as well – 2979th USARF School Fort Buchanan, Puerto Rico.  This statement was received in September 2017.  
The Board notes, however, that the Veteran’s separation papers showed that his military police training totaled only 4 weeks and his retirement points for the National Guard showed no full time ACDUTRA during that period.  Given the conflicting personnel records, the RO should attempt to contact the school and obtain any evidence verifying ACDUTRA for a period of over seven months in 1992 and 1993.  As having a significant period of ACDUTRA at that time may affect the Veteran’s physical and mental claims, they are remanded to allow verification of the Veteran’s assertion.  
2. Entitlement to service connection for a left knee disability is remanded.
Please see the analysis in section 1 above.
3. Entitlement to service connection for a right knee disability is remanded.
Please see the analysis in section 1 above.
4. Entitlement to service connection for bilateral hearing loss is remanded.
Please see the analysis in section 1 above.
5. Entitlement to service connection for bilateral tinnitus is remanded.
Please see the analysis in section 1 above.
6. Entitlement to service connection for sleep apnea is remanded.
Please see the analysis in section 1 above.
7. Entitlement to service connection for an acquired psychiatric disability, to include MDD and schizophrenia, is remanded.
Please see the analysis in section 1 above.
8. Entitlement to a TDIU based upon service-connected disabilities is remanded.
Please see the analysis in section 1 above.
The matters are REMANDED for the following action:
1. Obtain the Veteran’s complete service personnel records, to include all documents pertaining to his service in the Puerto Rico National Guard.  The RO should specifically request any records from the 2979th USARF School at Fort Buchanan, Puerto Rico from November 1992 to July 1993, to include whether the Veteran served full time ACDUTRA during that period.  If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS).  Document all requests for information as well as all responses in the claims file. 
2. After undertaking the development above and any additional development deemed necessary, the Veteran’s claims should be readjudicated.  If the benefits sought on appeal remain denied, the appellant and his representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order.
 
B. MULLINS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Patricia Veresink