Citation Nr: 21015088 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 14-15 439A DATE: March 16, 2021 REMANDED Entitlement to service connection for hepatitis C is remanded. REASONS AND BASES FOR REMAND The Veteran served honorably with the United States Air Force from December 1976 to April 1981. This matter was previously remanded by the Board of Veterans’ Appeals (Board) in February 2018 and January 2020. The appeal has been returned to the Board for further appellate consideration. Entitlement to service connection for hepatitis C is remanded. Although the Board regrets the additional delay, further development is required prior to the adjudication of the Veteran’s claim. In particular, remand is required to obtain reserve service treatment records that complies with a prior Board of Veterans’ Appeals (Board) remand instructions. See Stegall v. West, 11 Vet. App. 268, 270-71 (1998) (requiring substantial compliance with remand directives). The Board previously remanded this matter in January 2020 for further development, including obtaining military personnel records and service treatment records. The RO was directed to obtain the Veteran’s National Guard and Reserve Records in both her married and maiden names. The examiner was specifically directed to conduct a search for complete copies of the Veteran’s reserve service treatment records to include her service with the United States Army Reserve ending in January 1983 and any other reserve service including with the 109th, 55th Brigade Unit in Pennsylvania, Pennsylvania National Guard, and the Air Force Reserve. Moreover, the RO was directed to provide a formal finding of unavailability if the record could not be obtained. See January 2020 Board Decision. Following the Board remand, the RO made three requests for information from the Army Branch from April 1981 to January 1983 using the Veteran’s married name. See April 2020 Request for Information, July 2020 Request for Information, September 2020 Request for Information. A review of the service treatment records obtained on remand show only an enlistment examination for the United States National Guard dated April 1981. The several military personnel records show the Veteran’s enlistment to the United States Army National Guard in July 1981. See October 2020 Military Personnel Record p.16. For multiple reasons, the Board finds that RO’s request for information does not substantially comply with the terms of the January 2020 Board remand directive to obtain the Veteran’s service treatment records. First, the request did not include the Veteran’s maiden name. Second, the record does not show a formal finding of unavailability for the records after April 1981 or indicate that a notice has been sent to the Veteran of the inability to locate such records. It is unclear whether all available records from the Veteran’s reserve service have been obtained. Given the prior statements that she was unable to donate blood while serving in the reserves, these records could provide significant support for the Veteran’s claim. See January 2017 Correspondence. Therefore, remand is required. See Stegall, supra; see also Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (affirming that a medical opinion is adequate if it provides sufficient detail so that the Board can perform a fully informed evaluation of the claim). Moreover, the Veteran’s enlistment examination in April 1981 noted that the Veteran did not have hepatitis C at the time of the examination. This shows the Veteran did not contract hepatitis C prior to April 1981. However, the Veteran reported she was involved in a motor vehicle accident while on reserve status in 1984. The Veteran received a blood transfusion after multiple surgeries following the accident. See May 2015 Hearing Transcript. A June 2012 VA memo noted that a blood transfusion has a high-risk factor for contracting hepatitis C and a previous February 2014 examiner noted that the Veteran could have contracted hepatitis C from a blood transfusion following the motor vehicle accident. See June 2012 VA memorandum; see also February 2014 VA examination. There is no indication of the Veteran’s service at that time, to include whether she was serving on active duty, ACDUTRA, or INACDUTRA as a reservist. Accordingly, on remand, the AOJ must clarify the Veteran’s reserve service, to include, to the extent possible, all periods of active duty, ACDUTRA or INACDUTRA. The matter is REMANDED for the following action: 1. Provide clarification for the Veteran’s active duty status. In particular, the AOJ should ascertain whether the Veteran was serving on active duty, ACDUTRA, or INACDUTRA when she was involved in a motor vehicle accident in 1984. All attempts to obtain this data, and any responses received, should be documented in the claims folder. See May 2015 Hearing Transcript. 2. Obtain all outstanding medical records, particularly to include records from April 1981 to January 1983, to include those from her time with the United States Army Reserve and any other reserve service. Requests for such records should be made referencing both her married and maiden names. The RO must document all reasonable attempts to obtain such records. *If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. *The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(c)(2) and 38 C.F.R. § 3.159(e). L. ANDERSEN Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Emily A. Kotroco 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.