Citation Nr: 20003909 Decision Date: 01/16/20 Archive Date: 01/15/20 DOCKET NO. 19-05 779A DATE: January 16, 2020 REMANDED Entitlement to service connection for the residuals of broken ribs is remanded. Entitlement to service connection for the residuals of a broken nose is remanded. Entitlement to service connection for the residuals of a left arm compound fracture is remanded. Entitlement to service connection for the residuals of a right leg fracture is remanded. Entitlement to service connection for a right hip disability is remanded. REASONS FOR REMAND 1. Entitlement to service connection for the residuals of broken ribs is remanded. The Veteran asserts service connection is warranted for the residuals of broken ribs that were sustained in a fall from an aircraft wing during service. A July 28, 1971 service treatment record confirms the Veteran’s report and notes a “possible” fractured rib. Although the Veteran only has a DD-214 for a period of active duty for training (ACDUTRA) from December 1966 to July 1967, a retirement points statement in his service personnel records shows the he was on ACDUTRA from July 24, 1971 to August 6, 1971. As a result, the Veteran should be scheduled for an examination regarding his service connection claim for the residuals of broken ribs pursuant to VA’s duty to assist. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 2. Entitlement to service connection for the residuals of a broken nose is remanded. 3. Entitlement to service connection for the residuals of a left arm compound fracture is remanded. 4. Entitlement to service connection for the residuals of a right leg fracture is remanded. 5. Entitlement to service connection for a right hip disability is remanded. The Veteran asserts the other claimed disabilities are the result of an automobile accident that occurred while he was on his way to Parris Island, South Carolina, for initial entry training. Service treatment records confirm the Veteran was involved in an automobile accident on February 23, 1966 and suffered several injuries. The question that remains is the Veteran’s duty status at the time of this accident. Service personnel records show the Veteran enlisted in the Marine Corps Reserve and was assigned to the “Six-Month Training Program” as a component class reserve status code “K” reservist on February 17, 1966. An initial retirement points statement prepared by the Marine Corps Reserve Data Service Center (MCRDSC) shows the Veteran was on ACDUTRA from February 17, 1966 to May 16, 1966, at which time he was placed in inactive status until his documented period of ACDUTRA from December 1966 to July 1967 for initial entry training. The Board acknowledges the period of ACDUTRA from February 1966 to May 1966 is not included on subsequent retirement point statements prepared by the other organization to which the Veteran was assigned. It also does not appear a DD-214 was generated for the Veteran’s period of ACDUTRA from February 1966 to May 1966. Yet, the Board finds the Veteran’s service personnel records are sufficiently detailed to resolve reasonable doubt in his favor regarding his duty status at the time of the February 1966 automobile accident. As a result, the Veteran should also be scheduled for examinations for the other claimed disabilities since the record supports a finding of ACDUTRA status at the time of the February 1966 automobile accident. The matters are REMANDED for the following action: Schedule the Veteran for an examination (or examinations if necessary) regarding his service connection claims for the residuals of broken ribs, the residuals of a broken nose, the residuals of a left arm compound fracture, the residuals of a right leg fracture, and a right hip disability. The selected examiner must provide an opinion addressing whether the claimed disabilities are at least as likely as not (50 percent probability or greater) the result of service. For the residuals of broken ribs, the opinion must specifically address the documented injury in July 1971 in which the Veteran fell from an aircraft wing and was noted to have a “possible” fractured rib, which the Board has deemed to have occurred during a period of ACDUTRA based on the Veteran’s service personnel records. For the other claimed disabilities, the opinion must specifically address whether the claimed disabilities are the result of the documented automobile accident in February 1966, which the Board has also deemed to have occurred during a period of ACDUTRA based on the Veteran’s service personnel records. The examiner must be advised the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran’s reports, he or she must provide a reason for doing so. The examination report must include a complete rationale for the opinion provided. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. S. Kyle, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.