Citation Nr: 21074875 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 13-20 503 DATE: December 16, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a thoracolumbar spine disability is remanded. Entitlement to service connection for a right hip disability as secondary to a thoracolumbar spine disability is remanded. Entitlement to service connection for a left hip disability as secondary to a thoracolumbar spine disability is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1982 to October 1986. He also served in the Army Reserves and Florida National Guard and asserts he had a period of active duty in May 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). Initially, in his July 2013 VA Form 9, the Veteran requested a Board hearing; however, in July 2016 correspondence, the Veteran withdrew his request. The Board remanded the appeal for further development in September 2017, May 2020, and again in May 2021. The Board regrets additional delay, but unfortunately, another remand is required as substantial compliance with the Board's May 2021 remand directives has not been fulfilled. See Stegall v. West, 11Vet. App.268 (1998). By way of history, in May 2020, the Board remanded the claims to the RO to obtain the Veteran's service records from 1982 to 1986 and for any service from 1986 through 2004 from the National Personnel Records Center (NPRC). In January 2020, NPRC responded to the RO's request for the Veteran's records and informed the RO that a record had been identified at NPRC. NPRC related steps necessary to request the record. At that time, the Board remanded for the RO to obtain the records at NPRC regarding the Veteran's service status for all periods from October 20, 1986, through December 30, 2004. In September 2020, pursuant to the Board's remand, the RO sent correspondence to the Veteran asking him to provide the name, address and a point of contact for the Army National Guard or Army Reserve units for which he served. He was also asked to complete SF-Form 180 and return it to the RO and they would request his records directly from NPRC. The Veteran submitted SF-Form 180, which indicates he had active duty from October 1982 to October 1988, Army Reserve duty from January 2000 to January 2005 and Florida National Guard duty from January 2000 to November 2004. The May 2020 Board remand directed the RO to request the Veteran's Army and Army Reserve service personnel and medical records from NPRC, with special attention to any records regarding service in 2003 and 2004. In the May 2021 Board remand, the Board directed the RO to request the Veteran's Army, Army Reserve and National Guard service personnel and treatment records for the Veteran, with special attention to any records regarding service from January 2000 to January 2005 from the NPRC, Department of the Army, Florida National Guard, and any other appropriate records repository. It appears from the record, that requests were sent to the NPRC which were not available, and any other attempts were deemed futile. See September 2021 Correspondence. However, it is unclear whether requests were sent to the Department of the Army as there is a response from the Army Records Processing Center (also negative), but this was not detailed in the aforementioned September 2021 notification letter and it does not appear a request was sent to the Florida National Guard at all. Accordingly, remand is necessary to ensure substantial compliance with the Board's May 2021 remand directives. See Stegall, 11Vet. App.268. Lastly, the Veteran's TDIU claim is inextricably intertwined with the service connection claims on appeal thus, action on the TDIU claim is deferred pending the outcome of the service connection claims. The matters are REMANDED for the following action: Request from the NPRC, Department of the Army, Florida National Guard, and any other appropriate records repository all Army, Army Reserve, and National Guard service personnel and treatment records for the Veteran, with special attention to any records regarding service from January 2000 to January 2005. The RO should undertake any follow-up required to obtain the records. All obtained records must be added to the claims file. Notify the Veteran of any inability to obtain these records, pursuant to 38 C.F.R. § 3.159(e). Arif Syed Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Asante, Ruby 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.