Citation Nr: 21015838 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 15-30 922A DATE: March 18, 2021 REMANDED The claim of entitlement to basic eligibility for Department of Veterans Affairs (VA) home loan guaranty benefits is remanded. REASONS FOR REMAND The appellant had active duty service with the United States Marine Corps from January to April 1966. He received a discharge under honorable conditions. This matter is on appeal from a May 2015 Regional Office (RO) decision. In his August 2015 Substantive Appeal, the appellant requested a Travel Board hearing before a Veterans Law Judge. One was scheduled in June 2019, but he failed to report for the hearing. Good cause has not been presented for his absence. Accordingly, the Board finds that his hearing request has been withdrawn. See 38 C.F.R. § 20.704. In October 2020, the Board remanded this issue in order to locate the appellant’s claims file and associate it with the electronic record. 1. The claim of entitlement to basic eligibility for VA home loan guaranty benefits is remanded. The Board sincerely regrets the additional delay, but remand is again necessary in order to obtain the appellant’s service department records. For veterans who served before September 7, 1980, basic entitlement to home loan guaranty benefits are generally available to individuals who served for 90 days or more during World War II, the Korean conflict or the Vietnam era; or served for more than 180 days and were discharged or released under conditions other than dishonorable outside of these wartime periods. 38 U.S.C. § 3702 (a) (2). Notably, the Korean conflict occurred from June 27, 1950, through January 31, 1955, and the Vietnam era occurred from February 28, 1961, to May 7, 1975, for veterans serving in Vietnam, and from August 5, 1964, to May 7, 1975, for all other cases. 38 C.F.R. § 3.2. There are exceptions to this general rule, including instances in which a person was discharged or released from service before completion of this period either due to a service-connected disability or that service department records reflect that the person had “at the time of separation from service a service-connected disability which in medical judgment would have warranted a discharge for disability.” 38 C.F.R. § 3.315 (b). In the present case, the reason for the appellant’s discharge is unclear. He served from January 17 to April 13, 1966, less than the 90 days of active service required by statute. Only his DD-214 is of record, which reflects a discharge under honorable conditions and a citation to the Marine Corps Personnel Manual. While he is not presently service connected for a disability, this in of itself does not preclude a finding that he met the requirements of 38 C.F.R. § 3.315 (b). Thus, remand is necessary in order to obtain his service department records and determine the reason for his discharge. The matters are REMANDED for the following action: 1. Attempt to obtain, through all indicated and appropriate sources, the appellant’s service department records. All efforts to obtain these records should be documented. 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. This determination should be documented in the claims file and the appellant must be notified. 2. Following completion of the foregoing, the AOJ should review the record and readjudicate the claim on appeal. If it remains denied, the AOJ should issue an appropriate supplemental SOC, afford the appellant and his representative an opportunity to respond, and return the case to the Board. K.R. Kardian Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Fisher, 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.