Citation Nr: 21072606 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 17-07 675 DATE: December 3, 2021 REMANDED Whether new and material evidence has been submitted to reopen service connection for a respiratory disability (claimed as shortness of breath) is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a gastrointestinal disability (to include gastroesophageal reflux disease and hiatal hernia) is remanded REASONS FOR REMAND The Veteran served on active duty from February 1975 to August 1979 and from October 2001 to January 2002. Another remand is necessary as there was no substantial compliance with the Board's September 2019 remand directives. As noted by the Board, a review of the file reveals that it does not appear that all of the Veteran's periods of active duty for training (ACDUTRA) have been verified. In particular, the service treatment records include multiple reports of medical examination in between his two periods of active duty service, suggesting periods of ACDUTRA. To the extent any service treatment records remain outstanding, his complete service treatment records should be obtained directly from the appropriate federal agency/service department. Although the agency of original jurisdiction (AOJ) attempted to obtain additional records but received a negative response from RMC, the Board's remand directives specifically asked that the AOJ verify all periods of the Veteran's service, including ACDUTRA (particularly all periods of ACDUTRA after August 1979). As noted by the Board, this was important because the Veteran claimed that he first injured his neck and spine and first incurred a respiratory and gastrointestinal disorders during his service in the Reserves between 1979 and 2001. In this regard, a July 2020 Deferred Rating confirmed that the Board's directive regarding the verification of the Veteran's periods of ACDUTRA was not completed; however, although the AOJ then obtained an addendum medical opinion and received a negative response from the RMC regarding any additional military personnel and treatment records for this Veteran, the record does not contain any verification of the Veteran's duty status between August 1979 and October 2001. Accordingly, a remand is necessary to obtain this information prior to analyzing the merits of these claims. The matters are REMANDED for the following actions: 1. Take all necessary steps to verify the Veteran's period(s) of active duty for training (ACDUTRA), inactive duty for training (IDT) between August 1979 and October 2001. Reserve retirement point sheets are not adequate for this purpose; rather, the specific dates of the Veteran's ACDUTRA/IDT are required. If this information or documentation is unavailable, this fact should be documented, and a formal finding of unavailability should be made. Notice should be given to the Veteran and his representative, and they should be given an opportunity to respond. 2. After this information is associated with the claims file, determine whether any other development is deemed necessary, to include obtaining any outstanding service treatment records for the above verified periods, and/or obtaining additional medical opinions. 3. Thereafter, readjudicate the remanded claims. L. Chu Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Yaffe, 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.