Citation Nr: 21065040 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 09-31 914 DATE: October 22, 2021 REMANDED Entitlement to service connection for human immunodeficiency virus (HIV) is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U. S. Navy from July 1988 to July 1991 and had additional service in the Army National Guard from March 1995 to April 1997. This appeal to the Board of Veterans' Appeals (Board) originated from a May 2008 rating decision by a Department of Veterans (VA) Regional Office (RO), which is the Agency of Original Jurisdiction (AOJ), denying the Veteran's claim. This claim since has been twice remanded back to the RO (AOJ) for further development and consideration, initially in October 2014 and more recently in January 2021 including to clarify the Veteran's periods of qualifying active military service and to obtain service treatment records (STRs) from all qualifying periods of service and VA and private medical treatment records from outside of the confines of that service but if nonetheless relevant to this claim. These goals have been partially accomplished only. Therefore, with sincere apologies to him, the Board regrettably must again remand this claim to ensure compliance or at least acceptable substantial compliance with the Board's prior remand directives. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for HIV At various times during this appeal, the Veteran has given different accounts of his initial diagnosis, stating it occurred during active duty in 1993, after receiving orders to active duty sometime in 1997 or 1998, and during a pre-deployment health assessment in 2005. See October 2006 VA Form 21-526, August 2009 VA Form 9, and May 2009 VA Form 21-4138, respectively. However, as previously observed, he is consistent in maintaining that he first received this diagnosis while on active duty. In October 2014 and January 2021, the Board remanded this claim to try and verify all periods of qualifying active military service and to obtain STRs from the District of Columbia Army National Guard. As alluded, much of this development since has been achieved. On remand, the RO (AOJ) requested records concerning this Veteran's service, including STRs from the Navy, Navy Reserves, Army National Guard, and from several other sources for servicemember records. But all the requests were made for records pre-dating April 1997, the end of his last-shown period of active duty on record. For example, all requests to the Defense Finance Accounting Service (DFAS) were for the years between 1995 and 1997, reflecting his service as ending in January 1999. None of those requests and, therefore, none of the various agency's responses, addressed whether the Veteran was on active duty pay status when HIV was noted in treatment records from May and June 2005, as he specifically alleged in May 2009. The Board recognizes that he has not provided a DD Form 214 for this period or any other paperwork showing he was on any kind of qualifying duty status in 2005. However, the RO (AOJ) does not appear to have requested any documents verifying that service. As such, the question of his duty status in 2005 has not been addressed. Another remand of this claim resultantly is needed to comply with the October 2014 and January 2021 remand instructions by attempting to verify all periods of active duty (AD), active duty for training (ACDUTRA), and inactive duty training (INACDUTRA). See Stegall v. West, 11 Vet. App. 268, 271 (1998) (A remand by the Board confers on an appellant the right to VA compliance with the terms of the remand order and imposes on the Secretary a concomitant duty to ensure compliance with those terms). Accordingly, this claim is again REMANDED for the following still additional development and consideration: Attempt to obtain all the Veteran's service personnel records (SPRs), including any retirement point statements, from appropriate repositories pertaining to any service in the Navy Reserves, Army National Guard, and the Army Reserves including from the Adjutant General of the District of Columbia Army National Guard Archives, the National Personnel Record Center (NPRC), and/or U.S. Army Human Resources Command. Verify all periods of AD, ACDUTRA, and INACDUTRA between April and July 2005. Document all requests for information, as well as responses in the claims file. KEITH W. ALLEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board W. Stearns, 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.