Citation Nr: 21005826 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 11-10 035 DATE: February 2, 2021 REMANDED Entitlement to service connection for human immunodeficiency virus (HIV) and all complications related thereto, including encephalitis and neuropathy, is remanded. Entitlement to service connection for dental treatment purposes for loss of teeth secondary to HIV is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from May 1983 to May 1987. He had additional service of an unverified nature and duration in the Naval Reserve. This appeal comes to the Board of Veterans’ Appeals (Board) from a rating decision dated March 2009 issued by a Department of Veterans Affairs (VA) Regional Office (RO) of the Veterans Benefits Administration (VBA), which is the Agency of Original Jurisdiction (AOJ). The Veteran expressed disagreement with this determination, and the present appeal ensued. The Veteran’s appeal has previously been before the Board. In November 2015, the Board denied the Veteran’s HIV and dental claims. Thereafter, in May 2016, the Board vacated the November 2015 BVA decision and remanded the Veteran’s HIV and dental claims to the AOJ for additional development. In January 2019, the Board, again, remanded the Veteran’s appeal for additional development. 1. Entitlement to service connection for human immunodeficiency virus (HIV) and all complications related thereto, including encephalitis and neuropathy is remanded. 2. Entitlement to service connection for dental treatment purposes for loss of teeth as secondary to HIV is remanded. Much of the prior development in this case has involved determining the probable etiology of the Veteran’s HIV, which is a crucial matter in determining whether service connection is warranted. However, notwithstanding the etiology of the Veteran’s disability, service connection for HIV and all complications may be established is such initially manifested during active duty or a period of active duty for training (ACDUTRA). For the reasons expressed below, the Board concludes that the Veteran’s appeal must, again, be remanded to address this critical matter. As alluded to above, the Veteran was transferred to the Naval Reserve following his separation from active duty in May 1987. Service treatment records reflect that, while in the Naval Reserve, the Veteran had a negative HIV test in August 1990, but he subsequently began seroconverting with a positive test in September 1990 and tested positive for HIV in March 1991. As such, additional development is necessary to determine (1) the date of initial onset of HIV and (2) the nature of the Veteran’s Reserve service at the time of the disease’s initial onset. The matters are REMANDED for the following action: 1. The AOJ must contact the Defense Finance and Accounting Service, the National Personnel Records Center, the Department of the Navy, and any other appropriate repository and request the Veteran's pay stubs for his service in the Naval Reserve after May 1987. Attempts to secure the pay stubs should be clearly documented in the file, along with any negative responses. 2. Based on the information obtained from the above instructions, the AOJ must verify the exact dates of each period of ACDUTRA, inactive duty training (INACDUTRA), and active duty that the Veteran attended during his service in the Naval Reserve after May 1987. The AOJ must prepare a summary of this information and associate it with the claims file. 3. Thereafter, the AOJ must transfer the Veteran’s file to the physician who September 2020 VA opinion. After a review of the Veteran’s file, to include the summary of the nature of the Veteran’s Naval Reserve service after May 1987, the examiner is requested to address the following: -Provide an approximate date (month and year) of initial onset of HIV. *In addressing the above, the physician is asked to explain whether the Veteran’s positive September 1990 seroconversion test indicates an initial onset of the disease. If not, please provide an additional statement concerning when the disease initially manifested prior to the positive March 1991 HIV test. In providing the requested opinions, the examiner should cite to specific evidence supporting the conclusions reached. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached. If the examiner cannot provide any requested opinion without resorting to mere speculation, such should be stated along with a complete explanation for that conclusion. 4. Thereafter, the AOJ must readjudicate the issues on appeal. If the benefit sought is not granted to the fullest extent, the AOJ must provide the Veteran and his representative a copy of the readjudication and provide them an appropriate time to respond. . SCOTT W. DALE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Bristor 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.