Citation Nr: 21008159
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 20-09 808
DATE: February 11, 2021

REMANDED

Entitlement to service connection for residuals of a right hand fracture is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1990 to August 1991. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified at a hearing before the undersigned Veterans Law Judge in February 2021.  This case is being remanded under VA’s One Touch initiative; a transcript of the hearing will be associated with the file at a later date. 

Entitlement to service connection for residuals of a right hand fracture is remanded.

VA treatment records reflect that in July 1993, the Veteran sustained a fracture to the right hand when it was struck by an antenna while he was working with the National Guard.  He underwent right hand surgery in August 1993.  He states that this injury was sustained during a period of active duty for training (ACDUTRA).  See December 2020 VA Form 21-4138; May 2018 Correspondence.

The record shows that the Veteran was discharged from the Massachusetts Army National Guard effective November 12, 1991, almost two years prior to the 1993 injury.  The claims file does not contain service personnel records or service treatment records dated after 1991, including any documentation of reenlistment.  Efforts have not been made to verify whether the Veteran had a period of ACDUTRA in July 1993, or to obtain any service department records pertaining to any National Guard service after 1991.  Pursuant to VA’s statutory duty to assist, appropriate efforts must be made to obtain these records.  See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).

The Veteran has submitted VA treatment records dated in 1993 showing treatment for a right hand fracture; however, it is not clear whether these are complete.  On remand, appropriate efforts must be made to obtain the Veteran’s complete VA treatment records dated in 1993, to the extent possible.  See id.

The matter is REMANDED for the following action:

1. Make appropriate efforts to verify that the Veteran had a period of ACDUTRA in July 1993 with the Massachusetts (MA) Army National Guard, and to obtain any available service personnel records and service treatment records associated with service in the MA Army National Guard dated after 1991, to include any line of duty determinations.  The Veteran states he was assigned to a unit in the Signal Corps based in Brockton, Massachusetts.  A witness stated they were assigned to the 126 Signal Battalion, Company A.  

If these records are not obtained, all efforts to obtain them, and any negative responses, must be documented for the file.  

2. If efforts to obtain the service department records specified above are unavailing, contact the Defense Finance and Accounting Service and request that through the use of payroll records they help determine whether the Veteran had a period of ACDUTRA in July 1993.  

3. Request the Veteran’s VA treatment records dated in 1993 from the Boston Healthcare System (West  Roxbury/Brockton VAMC’s), to include any archival records.  

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Rutkin, 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.