Citation Nr: 21061897
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-01 356
DATE: October 5, 2021

REMANDED

Entitlement to service connection for diabetes mellitus, claimed as the result of herbicide agent exposure, is remanded.  

Entitlement to service connection for hypertension is remanded.  

Entitlement to service connection for a skin disability, claimed as the result of herbicide agent exposure, is remanded.  

Entitlement to service connection for a urinary disability is remanded.  

Entitlement to service connection for a recurrent disability manifested by weight loss is remanded.

REASONS FOR REMAND

The Veteran had active service from October 1970 to May 1972.  He had additional duty with the Army Reserve.  

The Veteran appeared at a February 2020 videoconference hearing before the undersigned Veterans Law Judge.  The hearing transcript is of record.

Entitlement to service connection for diabetes mellitus claimed as the result of 

 

herbicide agent exposure, hypertension, a skin disability claimed as the result of herbicide agent exposure, a urinary disability, and aa recurrent disability manifested by weight loss is remanded.  

Unfortunately, another remand is required in this case.  Although the Board of Veterans' Appeals (Board) sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the claims.  

The service personnel documents of record reflect that the Veteran was a member of the Army Reserve from June 1974 to July 1979.  

In its February 2021 Remand instructions, the Board directed that the Agency of Original Jurisdiction was to "contact the National Personnel Records Center (NPRC) or the appropriate service entity and request verification of the Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the Army Reserve and forward all available service medical and personnel records associated with the Veteran's service for incorporation into the record."  

The requested action has not been conducted.  In March 2021, the Agency of Original Jurisdiction contacted the NPRC and requested the Veteran's Army "medical/dental records (STRS) and entire personnel file."  Verification of the Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the Army Reserve and all available service medical and personnel records associated with such duty were not requested.  

The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

The matters are REMANDED for the following action:

Contact the National Personnel Records Center or the appropriate service entity and request verification of the Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the Army Reserve between June 1974 and July 1979 and forward all available service medical and personnel records associated with the Veteran's service for incorporation into the record.  If no records are found, a written statement to that effect should be prepared and incorporated into the record.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	 A. Smith, 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.