Citation Nr: 21016091 Decision Date: 03/19/21 Archive Date: 03/19/21 DOCKET NO. 19-14 753 DATE: March 19, 2021 REMANDED Entitlement to service connection for a gall bladder disability is remanded. Entitlement to service connection for a prostate disability is remanded. Entitlement to service connection for a salivary gland disability is remanded. INTRODUCTION The Veteran served on active duty in the Army from March 1957 to February 1959. When this case was previously before the Board in November 2019 and September 2020, the above-noted issues were remanded for additional development. The case has since been returned to the Board for further appellate review. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900 (c). REASONS FOR REMAND Although further delay is untenable, the Board finds additional development is necessary prior to final adjudication of this matter. As previously noted, a remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Unfortunately, the RO has yet to achieve substantial compliance with the Board’s November 2019 and September 2020 remand instructions. When this case was previously before the Board, the RO was instructed to conduct all indicated development to obtain sick/morning reports, outpatient service records, clinical records, or inpatient medical records from Fort Sam Houston and Fort Dix during the periods in which the Veteran was assigned to those military facilities. The RO was also instructed to conduct all indicated development to determine the Veteran’s company, battery, and units of assignment at those facilities. The RO was specifically instructed to initiate telephone contact with the Veteran to explain the need for this information, and to solicit the information necessary to conduct additional development. Following the Board’s September 2020 remand, the RO again sent the Veteran a series of letters requesting the above-noted military assignments in September and October 2020. Though the Veteran provided a National Archives Form 13055 in October 2020, the RO again requested he complete this form in December 2020. There is no indication the RO either telephone contacted the Veteran to obtain any missing information or requested additional information from the Personnel Information Exchange System (PIES). Based on the foregoing, the Board again finds substantial compliance with the prior remand instructions has not been achieved, and as such, a remand is again required. Accordingly, the case is REMANDED for the following action: Undertake appropriate telephone development to contact the Veteran to notify him of the need to provide his company, battalion, battery, regiment, and units of assignment during his time at Fort Dix and Fort Sam Houston Army bases in accordance with 38 C.F.R. § 3.159 (b). Thereafter, the Veteran should be provided an opportunity to provide an updated National Archives Form 13055. If any requested records are deemed unavailable, the record should be annotated to reflect such and the Veteran should be notified. If such records cannot be located a formal finding of unavailability must be completed for the record. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Fraser, 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.