Citation Nr: 21072358
Decision Date: 12/03/21	Archive Date: 12/02/21

DOCKET NO. 18-44 533
DATE: December 3, 2021

REMANDED

Entitlement to service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1976 to July 1985, with additional service in the Reserves and National Guard. He testified before the undersigned in May 2021; a transcript of the hearing is associated with the record.

The Veteran testified that he hurt his left knee when he fell from a helicopter while performing maintenance in August 1989. The Veteran provided a buddy statement and paperwork for a worker's compensation paperwork he filed with the Department of Labor regarding the incident. The claim indicated the Veteran worked Monday through Friday at Homestead Air Force Base. 

The Agency of Original Jurisdiction (AOJ) denied the claim because the Veteran was not on active duty at the time of the reported injury. The claim is remanded to clarify the nature of the Veteran's service, to clarify whether he had additional periods of service not previously considered. 

Military records show the Veteran enlisted in the Air Force reserve in July 1985 and served in the reserves until he transferred to the Air National Guard in September 1991. These records show the Veteran was not in an active-duty status in August 1989 or March 1990. Records on file only indicate the cumulative IDT the Veteran performed for the time in question. Additional development is required to verify the Veteran's service during this period and obtain any outstanding service treatment records from his Reserve service. 

The matters are REMANDED for the following action:

1. Take all appropriate action necessary to verify the Veteran's periods of Air Force Reserve service, specifically if he was on any period of IDT in August 1989 and March 1990. If specific dates of IDT and ADT cannot be determined for August 1989 or March 1990, the Veteran's Leave and Earning Statement for that month should be requested from the Defense Finance and Accounting Service (DFAS) or another appropriate records repository. If service dates are confirmed, take all appropriate action to obtain related treatment records. 

2. After the above development has been completed, readjudicate the issue on appeal.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Jarman, 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.