Citation Nr: 21002640 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 14-03 975 DATE: January 14, 2021 REMANDED Entitlement to service connection for a bilateral shoulder disability is remanded. Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for a right ring finger disability is remanded. Entitlement to service connection for a bilateral ankle disability is remanded. Entitlement to service connection for a spine disability, to include cervical disc disease, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Coast Guard from June to August 1983, September to November 2001, March to May 2003, February 2004 to September 2005, August to September 2012, and September 2012 to January 2013, with additional periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The Veteran served in the United States Coast Guard reserves from March 1982 until his retirement in June 2013. These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA). The Board previously considered these matters in August 2016. At that time, it remanded the Veteran’s claims to afford him the opportunity for a Board hearing. He attended a hearing before the undersigned Veterans Law Judge in October 2016 and a transcript of the hearing has been associated with the claims file. In December 2017, the Board dismissed the Veteran’s appeal for service connection for temporomandibular joint dysfunction (TMJ); prostatitis; atherosclerotic cardiovascular disease; a left elbow disability; GERD; migraines, to include as secondary to obstructive sleep apnea; right ear hearing loss; and hypertension, while also remanding the case to the RO for further development on the claims currently before the Board. 1. Entitlement to service connection for a bilateral shoulder disability. 2. Entitlement to service connection for sleep apnea. 3. Entitlement to service connection for a right ring finger disability is remanded. 4. Entitlement to service connection for a bilateral ankle disability. 5. Entitlement to service connection for a spine disability, to include cervical disc disease. Due to the similar dispositions for the above claims on appeal, the Board will address them in a common discussion below. Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding the verification of the Veteran’s periods of ACDUTRA and INACDUTRA. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The RO has failed to document the Veteran’s ACDUTRA and INACDUTRA periods over his thirty-one years in the U.S. Coast Guard. The Board sincerely regrets the additional delay, but it must again remand this matter to allow VA to fully satisfy its duties to assist the Veteran in the development of his claim. VA has statutory duties to notify and assist claimants in substantiating a claim for VA benefits. See, e.g., 38 U.S.C. §§ 5103, 5103A (2012); 38 C.F.R. § 3.159 (2017). As part of its duty to assist claimants, VA must obtain relevant evidence upon receipt of a substantially complete application for benefits. When relevant evidence is in the custody of a Federal department or agency, VA must make as many requests as are necessary to obtain such evidence. 38 C.F.R. § 3.159(c)(2). The Veteran contends that the disabilities he is currently seeking service connection for largely developed due to or arose during periods of ACDTURA or INACDUTRA over the course of his more than three decades with the U.S. Coast Guard Reserve. He testified at the hearing that he was called up several times through the course of his career to respond to natural disasters or other significant events or in order to provide public safety assistance or law enforcement services. He explained that, for some of these duties, he was called up using active duty training orders. “Active military service” is defined by VA law and regulations. Active military, naval, or air service includes active duty, any period of active duty training during which the individual concerned was disabled from a disease or injury incurred in the line of duty. See 38 U.S.C. § 101 (21), (24); 38 C.F.R. § 3.6(a). Active military, naval, or air service also includes any period of inactive duty training during which the individual concerned was disabled from an injury incurred in the line of duty. Accordingly, service connection may be granted for disability resulting from disease or injury incurred in, or aggravated, while performing ACDUTRA or from injury incurred or aggravated while performing INACDUTRA. The record indicates that VA has attempted to verify the Veteran’s actual periods of active duty service, as evidenced by development conducted in December 2013, December 2017, February 2018, and May 2018. A specific U.S. Coast Guard Reserve Retirement Point Statement was provided in February 2015 that included a detailed breakdown of the types of service, to include whether such was characterized as ACDUTRA or INACDUTRA. However, the Retirement Point Statement only detailed his duty as performed from March 22, 2012 to March 21, 2013. Later, a VADIR record, received in September 2020 attempts to detail his service, but the Board is unfamiliar with this record or how to interpret it absent some additional guide or reference describing what the various letters and numbers correspond to. As the specific dates during which the Veteran was called to complete ACDUTRA or INACDUTRA are central to his claim for service connection, the Board finds that unfortunately, remand is again required. The Board regrets the inconvenience caused to the Veteran. While this matter is in Remand status, he is certainly free to advise VA as to any specific information he has as to the date of any injury while on INACDUTRA or as to any injury or disease as to any period of ACDUTRA. If there is no assertion of any specific injury or disease during any period, such information would be useful as well. The matters are REMANDED for the following action: Attempt to verify and specifically enumerate (month, day, year) all periods of ACDUTRA and INACDUTRA by contacting the appropriate service organization. Annual Statements covering his entire period of service would likely be useful. See eg. Military Personnel Record, received by VA on April 30, 2018 Any negative reply must be documented, in which case, the Veteran and his representative must be notified that these records cannot be located and they must be given an opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. A. Johnston, 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.