Citation Nr: 21061930 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-54 258 DATE: October 5, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), a major depressive disorder (MDD), and an obsessive compulsive disorder (OCD), and to include as a result of military sexual trauma (MST), is remanded. REASONS FOR REMAND The Veteran had active service from May 1988 to May 1992, followed by Navy Reserve service from May 1992 to September 1997. In April 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). In July 2020, the Board of Veterans' Appeals (Board) remanded this claim to accord the Regional Office (RO) an opportunity to verify the Veteran's service status throughout her Reserve service. As noted in the July 2020 Remand, the Board needs more information about the Veteran's Reserve service before it can decide this claim. The Veteran seeks service connection for an acquired psychiatric disorder which she believes onset after she was the victim of an incident of military sexual trauma during service. She told medical providers and submitted written lay statements in which she stated that the incident occurred in 1992. She also testified before the undersigned VLJ that it occurred while she was on Naval Reserve active status, right after Christmas. As such, the incident would have occurred in December 1992, or shortly thereafter. Significantly, however, the record is not clear as to what the Veteran's service status was at that time. As such, verification of her service from May 1992 through September 1997, to include periods of Naval Reserve active service, active duty for training, and inactive duty for training for that time period must be completed. The 2020 Board Remand directed the RO to verify the Veteran's service status throughout her Reserve service. In January 2021, the RO sent the Veteran a letter stating that her personnel records had been requested on December 23, 2020, from the National Personnel Records Center (NPRC), but no records were found for this period. However, there is no evidence in the file that such a request was made to NPRC on that date, nor is there evidence of a negative response having been received from NPRC. As such, the Board cannot conclude that there was substantial compliance with the July 2020 Remand directive. Compliance with remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board errs as a matter of law when it fails to ensure compliance with remand orders. Id. As no evidence of the request alleged to have been made to NPRC exists in the claims file, the Board cannot find that the RO complied with the directive of the 2020 Board Remand. As such, the Board has no recourse but to remand this issue again to ensure that the previously requested development is completed. Id. In addition, the Board notes that the RO sent multiple letters to the Veteran asking for her to submit details of the Reserve unit with which she was associated, and the Veteran did not respond to these requests or submit the requested information. The Board hereby notifies the Veteran that, while VA has a statutory duty to assist a veteran in developing evidence pertinent to a claim, he/she also has a duty to assist and cooperate with the VA in developing evidence. In other words, VA's duty to assist is not a one-way street. If a veteran wishes help, he or she cannot passively wait for it in those circumstances where he or she may or should have information that is essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App. 190 (1991); Hayes v. Brown, 5 Vet. App. 60, 68 (1993). VA's duty must be understood as a duty to assist a veteran in developing his or her claim, rather than a duty on the part of VA to develop the entire claim with the veteran performing only a passive role. Turk v. Peake, 21 Vet. App. 565, 568 (2008). Accordingly, the Veteran must make reasonable efforts to assist VA in determining the Reserve unit with which she was associated from May 1992 to September 1997, to include providing the RO with requested information which can assist in verification of her Reserve service status. This matter is, thus, REMANDED for the following action: Verify the Veteran's service status throughout her Reserve service, including dates of all periods of active service, active duty for training, and inactive duty for training. All attempts to verify service status should be uploaded to the claims file along with responses received, to include requests made to NPRC and responses therefrom. No action is required of the Veteran until she is notified by VA. However, she is advised of her obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). The Veteran also is advised that she has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.