Citation Nr: 21006617 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 180912-724 DATE: February 4, 2021 REMANDED Entitlement to service connection for a seizure disorder, to include epilepsy and blackouts, is remanded. Entitlement to service connection for multiple sclerosis is remanded. Preliminary Matters The Veteran reports honorable active duty service with the United States Army from May 1986 to July 1986. An additional period of Reserve service reportedly occurred from July 1986 to April 1993. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review. The Veteran chose to participate in VA’s test program RAMP, the Rapid Appeals Modernization Program. See February 2018 Ramp Opt-In Election Form. The Veteran selected the Supplemental Claim lane when he submitted the RAMP election form. Accordingly, in May 2018, a Department of Veterans Affairs (VA) Regional Office (RO) issued a RAMP rating decision, in which the RO, in pertinent part, denied the claims of entitlement to service connection for epilepsy and multiple sclerosis. The Veteran timely appealed the RAMP rating decision. In April 2019, the Board of Veterans’ Appeals (Board), in pertinent part, denied the instant issues on appeal. In December 2019, the Veteran appealed the Board’s denial of these claims to the United States Court of Appeals for Veterans Claims (Court). In June 2020, the Court issued a Memorandum Decision, which set aside the portion of the Board’s decision that denied the claims of entitlement to service connection for epilepsy and multiple sclerosis, and remanded the matter for further consideration consistent with the Court’s Memorandum Decision. The issues have returned to the Board for further appellate consideration. REASONS FOR REMAND After a thorough review of the record, the Board finds that additional evidentiary development is warranted before a final decision may be reached for the issues on appeal. 1. Entitlement to service connection for a seizure disorder, to include epilepsy and blackouts, is remanded. See Argument Below 2. Entitlement to service connection for multiple sclerosis is remanded. The Veteran asserts that his seizure disorder and multiple sclerosis had their onset during his claimed period of active service. The Veteran has reported that he served on active duty from May 1986 to April 1993. As it pertains to both claims, a review of the claims file finds that none of the Veteran’s service treatment records and military personnel records have been obtained. Thus, based on the record, the Board is unable to verify the Veteran’s reported period of active service. An April 2007 Memorandum of Formal Findings shows that VA determined that the alleged period of service from May 1986 to April 1993 could not be verified. Further, no service medical records or military personnel records were located. In a March 2007 statement, the Veteran indicated that he “lost everything” during Hurricane Katrina and suggested that his military personnel records were likely lost or destroyed in a similar fashion, as they were housed at a VA records center in New Orleans, Louisiana. The Board notes that in past rating decisions of various claims, the RO has been inconsistent on whether the Veteran has verified active duty service. Furthermore, in an August 2007 letter, VA informed the Veteran that his alleged period of active service from May 1986 to April 1993 had been verified. However, in a subsequent December 2007 letter, VA informed the Veteran that the August 2007 letter had been sent in error and that his alleged period of active service had not been verified. Thus, due to the apparent inconsistent findings as regards to the Veteran’s alleged dates of active service, and as nearly 15 years have passed since the RO’s initial request for service records, the Board finds that a remand is warranted for an additional attempt to obtain the Veteran’s service treatment records and military personnel records. The matters are REMANDED for the following action: 1. Undertake all necessary actions to attempt to verify the Veteran’s alleged period of active duty service from May 1986 to April 1993. All efforts to obtain the Veteran’s service personnel records must be documented in the file. Such efforts shall continue until the records are obtained or it is reasonably certain that they do not exist or that further efforts to obtain them would be futile. If unable to obtain any identified records, take action in accordance with 38 C.F.R. § 3.159(e). 2. Obtain all of the Veteran’s available service treatment records. All reasonable attempts should be made to obtain the records. All efforts to obtain these records must be documented in the file. Such efforts shall continue until the records are obtained or it is reasonably certain that they do not exist or that further efforts to obtain them would be futile. If unable to obtain any identified records, take action in accordance with 38 C.F.R. § 3.159(e). B. MULLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. MacDonald, 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.