Citation Nr: 20046534
Decision Date: 07/13/20	Archive Date: 07/13/20

DOCKET NO. 15-00 334A
DATE: July 13, 2020

ORDER

The claim of entitlement to eligibility for VA home loan guaranty benefits is granted.

FINDINGS OF FACT

1. The Veteran was discharged in May 1977 due to a back disability and worsening pain associated with the disability.  He received an honorable discharge.

2. Service connection is now in effect for a back disability.

3. The Veteran was discharged from active duty service due to a service-connected disability.

CONCLUSION OF LAW

The basic eligibility criteria for VA loan guaranty benefits have been satisfied. 38 U.S.C. §§ 3701, 3702, 5303A (2012); 38 C.F.R. §§ 3.315 (b) (2019).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from April 1977 to May 1977.  The instant matter is on appeal from an August 2014 decision.

In June 2019, the Veteran testified before the undersigned in a videoconference hearing.  A transcript of the proceedings has not yet been associated with the record, but as this decision is a full grant of benefits sought on appeal, it is not prejudicial to the Veteran to adjudicate the issue prior to inclusion of the transcript.

1. The claim of entitlement to eligibility for VA home loan guaranty benefits

For veterans who served before September 7, 1980, basic entitlement to home loan guaranty benefits are generally available to individuals who were discharged or released from a period of active duty for a service-connected disability; served for 90 days or more during World War II, the Korean conflict or the Vietnam era; served for more than 180 days and were discharged or released under conditions other than dishonorable; or based on other situations not pertinent to this appeal.  38 U.S.C. § 3702 (a)(2).  Notably, the Korean conflict occurred from June 27, 1950 through January 31, 1955, and the Vietnam era occurred from February 28, 1961 to May 7, 1975, for veterans serving in Vietnam, and from August 5, 1964 to May 7, 1975 for all other cases.  38 C.F.R. § 3.2.

In this case, the appellant served just over one month on active duty with the United States Army after the end of the Vietnam era.  Service treatment records reflect complaints of chronic back pain during initial training.  The Veteran was discharged following Medical Board Proceedings, which documented spina bifida occulta with recurrent back pain.  In October 2019, however, the Board granted entitlement to service connection for a back disability, noting that subsequent post-service medical records did not reflect a diagnosis of spina bifida occulta, and the Board instead found that the Veteran incurred a back disability during his short period of service.  Thus, service connection for a back disability was established.  

As a result, the Veteran was discharged from active duty service due to a now service-connected back disability incurred during training.  Accordingly, entitlement to VA home loan guaranty benefits is granted. 

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	H. Fisher, Associate 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.