Citation Nr: 21005126
Decision Date: 01/29/21	Archive Date: 01/29/21

DOCKET NO. 18-36 786
DATE: January 29, 2021

REMANDED

Entitlement to dependency and indemnity compensation (DIC) is remanded.

REASONS FOR REMAND

The Decedent had service in the National Guard of New York from March 1974 to March 1983. He also has reported service in the Puerto Rico National Guard from January 1955 to January 1958 and in the Army National Guard from January 1958 to January 1963. He died in June 2017. The Appellant is his surviving widow.

In a March 2019 decision, the Board denied the Appellant’s claim. The Appellant then appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2019 memorandum decision, the Court found that the Board erred in failing to develop and discuss the Decedent’s reported service from January 1955 to January 1963. Accordingly, the Court vacated the March 2019 decision and remanded it to the Board for further adjudication. 

This case was most recently before the Board in April 2020 when the above-noted issue was remanded for additional development. There has not been substantial compliance with the remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998).

Specifically, the Board remanded the Veteran’s claim in April 2020 to verify the Decedent’s reported service in the Puerto Rico National Guard from January 1955 to January 1958, and in the Army National Guard from January 1958 to January 1963. 

An August 2020 VA Request for Information states that in response to a request for National Guard records, a record had been identified at the National Personnel Records Center. The document provided further development instructions to be undertaken. However, a review of the Veteran’s claims folder does not show that any further development action was taken. As the Board’s remand directives were not completed, another remand is required.

The matters are REMANDED for the following action:

1. Take appropriate steps to verify the Decedent’s periods of service prior to March 1974, including all periods of active duty, active duty for training, and inactive active duty for training during his reported service in the Puerto Rico National Guard from January 1955 to January 1958 and in the Army National Guard from January 1958 to January 1963. Document all requests for information as well as all responses in the claims file.

2. If additional periods of service are verified, obtain complete service treatment records and service personnel records for any period of service in the Puerto Rico National Guard from January 1955 to January 1958 and/or Army National Guard from January 1958 to January 1963. Document all requests for information as well as all responses in the claims file.

 

 

M. E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jack S. Komperda, 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.