Citation Nr: 21011920 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 13-20 503 DATE: March 3, 2021 REMANDED Entitlement to service connection for a thoracolumbar spine disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a right hip disability is remanded. Entitlement to service connection for a left hip disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active duty service from October 1982 to October 1986. He also served in a Reserve component. These matters were previously remanded by the Board of Veterans’ Appeals (Board) in May 2020. The Board finds that further remand is required regarding the claims of entitlement to service connection for thoracolumbar spine, cervical spine, right and left hip and right shoulder disabilities. Although the Board regrets the additional delay another remand imposes, it finds it is necessary because the Board’s previous remand orders were not complied with, and the Board errs if it fails to ensure compliance. See Stegall v. West, 11 Vet. App. 268 (1998). In May 2020 the Board remanded the claims to a Department of Veterans Affairs (VA) Regional Office (RO) to obtain the Veteran’s service records from 1982 to 1986 and for any service from 1986 through 2004 from the National Personnel Records Center (NPRC). In January 2020 NPRC responded to the RO’s request for the Veteran’s records and informed the RO that a record had been identified at NPRC. NPRC related steps necessary to request the record. At that time, the Board remanded for the RO to obtain the records at NPRC regarding the Veteran’s service status for all periods from October 20, 1986, through December 30, 2004. The claims file still does not reflect that additional records were requested from NPRC. In September 2020, pursuant to the Board’s remand, the RO sent correspondence to the Veteran asking him to provide the name, address and a point of contact for the Army National Guard or Army Reserve units for which he served. He was also asked to complete SF-Form 180 and return it to the RO and they would request his records directly from NPRC. The Veteran submitted SF-Form 180, which indicates he had active duty from October 1982 to October 1988, Army Reserve duty from January 2000 to January 2005 and Florida National Guard duty from January 2000 to November 2004. The May 2020 Board remand directed the RO to request the Veteran’s Army and Army Reserve service personnel and medical records from NPRC, with special attention to any records regarding service in 2003 and 2004. There is no documented indication in the record that the RO attempted to requests the Veteran records directly from NPRC. Accordingly, remand is necessary for compliance with the Board's earlier remand. The Veteran’s claim for TDIU is intertwined with the service connection claims and is therefore deferred and remanded. The matters are REMANDED for the following action: Request from NPRC, Department of the Army, Florida National Guard, or other appropriate records repository all Army, Army Reserve and National Guard service personnel and treatment records for the Veteran, with special attention to any records regarding service from January 2000 to January 2005. The RO should undertake any follow-up required to obtain the records. All obtained records must be added to the claims file. If no records are available, this should be documented as well. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Young, 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.