Citation Nr: 21007185 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 17-05 226 DATE: February 8, 2021 REMANDED The issue of whether the appellant has basic eligibility for Department of Veterans Affairs (VA) disability benefits is remanded. REASONS FOR REMAND The appellant asserts that she had recognized guerilla service from October 1942 to November 1945 with the Walter Cushing Guerrillas. Historically, in an April 2017 decision, the Board denied the appellant’s claim for entitlement to VA benefits on the grounds that she did not meet basic eligibility requirements to establish veteran status based on service in the Philippine Commonwealth Army, including certain organized guerilla forces in the service of the U.S. Armed Forces. 38 U.S.C. §§ 101(21)(c), 101(24), 107(a)(3); 38 C.F.R. §§ 3.40, 3.41. In May 2019, the Court of Appeals for Veterans Claims (Court) issued a Memorandum Decision setting aside the April 2017 Board decision. In May 2020, the Board remanded the issue currently on appeal for additional development consistent with the Court’s May 2019 Memorandum Decision. In relevant part, the May 2020 Board decision instructed the agency of original jurisdiction (AOJ) to provide the appellant with the necessary information to apply for a correction of her military record with the Army Board for Correction of Military Records (ABCMR). Additionally, the AOJ was instructed to readjudicate the issue on appeal if no ABCMR claim had been filed within a reasonable time period. In a September and December 2020 letter, VA provided the appellant with the necessary information and form for her to submit an application to ABCMR to apply for a correction of her military record. However, the appellant was not advised to respond to VA indicating specifically whether she had filed an application with ABCMR. Moreover, it appears that the AOJ sent a December 2020 letter providing additional information as to how to file her application to ABCMR on the same day it readjudicated the appeal in a December 2020 SSOC, without allowing additional time for a response. As such, it is not currently known whether the appellant has submitted an application to ABCMR, and she was not otherwise advised to inform VA regarding the status of any such application. The Board regrets the additional delay, but finds remand is necessary before a decision is made in the instant appeal in order to give the appellant an opportunity to confirm whether an application has been filed with ABCMR, and to ensure she has been given a meaningful opportunity to challenge her service record. The matters are REMANDED for the following action: 1. Send the appellant a letter requesting that she promptly apply for a correction of her military record with the ABCMR based on the evidence she has submitted to VA. Inform the appellant that VA cannot approve her claim for VA benefits without verification of her service by the Army. Request that she respond to VA within 90 days indicating whether she has filed her application with the ABCMR, or would like an extension of time to file her application. Take any steps deemed appropriate to assist the appellant with her application. 2. If the appellant confirms she has filed an application with ABCMR, hold readjudication of the issue on appeal until a determination is made by the Army. Otherwise, readjudicate the appeal after awaiting the full time allotted for her to provide a response to VA. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Mask, 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.