Citation Nr: 21071793
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 18-35 640
DATE: December 1, 2021

REMANDED

Whether the Appellant has qualifying military service to receive payment of VA benefits is remanded.

REASONS FOR REMAND

The Appellant asserts that he had active duty service with the U.S. Army approximately from April 1957 to October 1957, as well as service in the U.S. Army Reserves approximately from October 1957 to April 1963. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) that determined the Appellant's military service could not be verified.  

This case was previously before the Board in November 2019, when it was remanded for development.  The case has been returned to the Board for further appellate review.

Whether the Appellant has qualifying military service to receive payment of VA benefits is remanded.

Another remand is necessary to complete the records development directed in the previous Board remand.

The Board directed the RO to request pay records for the Appellant's service from Defense Finance and Accounting Service (DFAS).  The RO's first request to DFAS was completed in January 2020; in August 2020, the RO followed up on the request, but no response was received.  The RO made no further attempts to contact DFAS or obtain the Appellant's pay records.

The Board also directed the RO to request verification of the Appellant's service from the U.S. Army, Army Reserves, or Adjutant General in the Appellant's state of residence at induction and discharge.  The RO contacted the Minnesota National Guard and received a response in September 2020 requesting more information in order to conduct a thorough search.  Although the RO did not provide further information, in October 2020, the Minnesota National Guard sent a second response indicating that no records were located.  The RO accepted this negative response as final, when it is unclear whether the Minnesota National Guard was able to conduct an extensive search.

Additionally, as none of the Appellant's personnel records have yet been located, the Board notes that there may be sufficient information in the file to locate the unit histories, rosters, and/or morning reports for the unit the Appellant reports training with sufficient to establish active duty service.  

The matters are REMANDED for the following action:

1. Request any and all records of pay or Reserve service from April 1957 to October 1963 from DFAS.  As these records are considered federal records, efforts to obtain these records shall continue until the records are obtained unless VA concludes that the records sought do not exist or that further efforts to obtain the records would be futile.  38 U.S.C. §5103A(b)(3); 38 C.F.R. §3.159(c)(2).

2. Attempt to obtain verification of the Appellant's service from the Army Reserves unit in which the Appellant served.  Such efforts may include contacting the U.S. Army, Army Reserves, or Adjutant General in the Appellant's identified state of residence at induction and discharge.  Provide all relevant information, such as date of birth, service number, training battalion, military occupational specialties, and stations, as well as any follow-up information requested by any repository or organization contacted.

3. Attempt to locate records relating to unit histories, rosters, and/or morning reports for the unit with which the Appellant has reported completing basic training.  Such efforts may include contacting the Department of Army, Records Management and Declassification Agency.  

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Josey, 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.