Citation Nr: 21070009
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-03 426
DATE: November 22, 2021

REMANDED

Entitlement to service connection for skin cancer is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from July 1964 to July 1968 with additional service in the Naval Reserve. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2016 rating decision. In his January 2017 VA Form 9, the Veteran requested a hearing;  in March 2017 correspondence he withdrew the request. In December 2018 and March 2021 this matter was remanded for further development.

Entitlement to service connection for skin cancer is remanded.

The March 2021 Board remand ordered development to associate a record of the Veteran's active duty and active duty for training service at unit VP-92 in South Weymouth, Massachusetts Naval Reserve from December 1985 to December 1987. In an attempt to comply, the originating agency conducted an inquiry regarding the Veteran's service history, and concluded that he had eligible active duty service from July 1964 to July 1968 and reserve service from December 1974 to May 1986. The originating agency did not reconcile the notation in the record suggesting service in 1987 (see June 1987 report of medical history), or obtain records of the Veteran's active duty/active duty for training (ACDUTRA) service for the period from December 1985 to December 1987. Accordingly, there has not been substantial development with prior remand instructions, and a remand for compliance is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following:

Arrange for exhaustive development to conclusively verify whether the Veteran served in the Reserves beyond May 1986, and whether he had any active duty,  ACDUTRA, or INACDTRA service from December 1985 to December 1987. Any inconsistencies between his military personnel records, service treatment records, and database certifications must be reconciled. [If there is a finding that his reserve service ended in 1986, the June 1987 report of medical history compiled for purposes of entry into the inactive ready reserve should be explained.]

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lederman, Michael

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.