Citation Nr: 21067155
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 16-43 316
DATE: November 3, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

Entitlement to service connection for thyroid cancer is remanded.

REASONS FOR REMAND

The Veteran served in the Army National Guard to include active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) from June 17, 1952 to June 16, 1955; from June 17, 1955 to June 16, 1958; and from June 17, 1958 to June 16, 1961.

This case has been before the Board several times, most recently in October 2020.  There has not been substantial compliance with the previous remand directives and the claims must be remanded again.  Stegall v. West, 11 Vet. App. 268 (1998).  

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

Entitlement to service connection for thyroid cancer is remanded.

The Board's multiple previous remands included specific instructions to obtain any outstanding personnel and service records from the Veteran's ACDUTRA and INACDUTRA during the Army National Guard. 

After the previous remand, in a September 2021 correspondence to the Veteran, the AMC identified that they had sought service treatment records from the National Personnel Records Center (NPRC) and that further efforts to obtain such records would be futile.  However, it is unclear whether  after the previous remand, the AOJ did not seek the Veteran's outstanding personnel records.  These records are vital to the Veteran's claim and another remand is necessary. 

The matters are REMANDED for the following action:

1. Take all appropriate action to verify the Veteran's periods of service and related duty status from 1952 to 1961.  Contact the NPRC, Army National Guard unit, and other appropriate sources, as necessary and request the Veteran's personnel records for these periods.  In particular, dates of active duty for training and inactive duty for training should be set forth for each such period by day, month, and year. 

If further information is needed to make such requests, contact the Veteran and request any such information not otherwise available in the claims file.  If the records do not exist or are otherwise unavailable, such must be certified in writing.  All attempts to fulfill the above requested development should be documented in the claims file. 

2. If after continued efforts to obtain the Veteran's personnel records it is concluded that it is reasonably certain they do not exist or further efforts to obtain them would be futile, notify the Veteran and (a) identify the specific records the AMC is unable to obtain; (b) briefly explain the efforts that the AMC made to obtain those records; (c) describe any further action to be taken by the AMC with respect to the claim; and (d) inform the Veteran that he is ultimately responsible for providing the evidence.  The Veteran must then be given an opportunity to respond. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Eric Struening

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.