Citation Nr: 21006806 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 18-31 712 DATE: February 5, 2021 REMANDED Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a back disability is remanded. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a respiratory disorder is remanded. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a psychiatric disorder, claimed as posttraumatic stress disorder, is remanded. Entitlement to service connection for arthritis is remanded. Entitlement to service connection for chronic fatigue syndrome is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for skin disease is remanded. Entitlement to service connection for diabetes mellitus is remanded. Entitlement to service connection for a disability manifested by numbness of the neck and hands is remanded. Entitlement to service connection for numbness of the back and feet is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from April 1987 to October 1991. He also had service in the Air National Guard from March 2001 to March 2004. From July 2001 to December 2001, his unit was called to active duty. These matters come before the Board of Veterans Appeals (Board) on appeal from rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). In an unappealed rating action in August 2008, the RO denied the Veteran’s claims of service connection for a back disability, a respiratory disorder, and posttraumatic stress disorder (PTSD). As noted in the November 2019 Board remand, since that time, the Veteran requested that those claims be reopened and submitted additional service medical records in support of his claims. 38 C.F.R. § 3.156. In November 2019, the Board remanded the Veteran’s claims. 1. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a back disability is remanded. 2. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a respiratory disorder is remanded. 3. Whether new and material evidence has been submitted to reopen the claim of entitlement to service connection for a psychiatric disorder, claimed as posttraumatic stress disorder, is remanded. 4. Entitlement to service connection for arthritis is remanded. 5. Entitlement to service connection for chronic fatigue syndrome is remanded. 6. Entitlement to service connection for hypertension is remanded. 7. Entitlement to service connection for skin disease is remanded. 8. Entitlement to service connection for diabetes mellitus is remanded. 9. Entitlement to service connection for a disability manifested by numbness of the neck and hands is remanded. 10. Entitlement to service connection for numbness of the back and feet is remanded. Issues 1 – 10: The Veteran contends that he served in the Georgia Air National Guard between July 26, 2001 and December 21, 2001, and was also on active duty at Sheppard Air Force Base in Wichita Falls, Texas. See Correspondence (February 2016). Having carefully reviewed the evidence of record, that Board finds that another remand is necessary to ensure compliance with its prior remand instructions and to ensure that VA has met its duty to assist. Stegall v. West, 11 Vet. App. 268 (1998) (a remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with its remand instructions). VA’s duty to assist includes obtaining records in Federal custody and making reasonable efforts to obtain those records not in Federal custody. 38 C.F.R. § 3.159. By way of background, in June 2015, the RO requested the Veteran’s service treatment records (STRs) for the period from July 2001 to December 2001. See Correspondence (June 2015). In January 2016, the RO informed the Veteran that it had determined that his STRs from July 26, 2001 through December 21, 2001 could not be located and, therefore, were unavailable for review. See Correspondence (January 2016). A request to the National Personnel Records Center (NPRC) was reported as unsuccessful. Id. The RO then suggested that the Veteran use the Defense Personnel Records Information Retrieval System (DPRIS) to obtain personnel information from official military personnel folders in the custody of the Department of Defense. Id. In February 2016, pursuant to further information from the Veteran, the RO made another request for the STRs for the period from July 2001 to December 2001. See VA 21-3101 Request for Information (June 2016). In June 2016, the NPRC noted that the records request had been incorrectly addressed. Id. In its November 2019 remand, the Board instructed the RO to request outstanding STRs from the Adjutant General of the Georgia Air National Guard. See BVA Decision (November 2019). The Veteran’s Certificate of Release or Discharge From Active Duty DD 214 for the period from July 2001 to December 2001 shows that he served in Air Force – ANGUS and was transferred to State of Georgia upon release. See Certificate of Release or Discharge From Active Duty (DD 214) (December 2014). However, no requests with the Department of the U.S. Air Force have been made to attempt to obtain the Veteran’s outstanding STRs. Moreover, although the record shows that two letters with requests were sent to Georgia Air National Guard, the record reflects no documented response to those requests for records. Hence, a request to the Department of the U.S. Air Force as well as another request to NPRC, Georgia Air National Guard and any other official sources should be made to obtain the Veteran’s outstanding STRs for the period between July 2001 and December 2001, which should be documented by both the request and response. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). The Board also notes that no inquiry has been submitted to the Records Management Center (RMC), U.S. Army Human Resources Command (AHRC), and the National Guard Bureau (NGB), Sheppard Air Force Base in Wichita Falls and/or National Reserve Personnel Center. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service treatment records, to include documents pertaining to his service in from July 2001 to December 2001, from potential respositories to include: the Department of the U.S. Air Force, the Records Management Center, the Offices of the Adjutant General in any state where the Veteran had Reserve/National Guard service, the U.S. Army Human Resources Command (AHRC), and the National Guard Bureau (NGB), Sheppard Air Force Base in Wichita Falls, Texas, and National Reserve Personnel Center. All attempts to obtain such records should be clearly documented in the claim file. If it is determined that such records do not exist or are otherwise unavailable, a formal finding of unavailability should be made and associated with the claim file. 2. If any records cannot be obtained, provide the appellant with a proper notice that meets the requirements under 38 U.S.C. § 5103(A)(b)(2) and 38 C.F.R. § 3.159(e), and includes (a) the identity of specific records that cannot be obtained, (b) an explanation as to the efforts that were made to obtain those records, (c) a description of any further action to be taken by VA with respect to the claim, and (d) that the appellant is ultimately responsible for providing the evidence. Such notice should also inform the appellant of alternative sources of evidence that may be submitted in place of his missing service records. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. M. Pesin 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.