Citation Nr: 21021969 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 20-28 713 DATE: April 14, 2021 REMANDED The issue of whether new and material evidence has been received to reopen the claim for service connection for a cervical spine disability is remanded. The issue of whether new and material evidence has been received to reopen the claim for service connection for a back disability is remanded. The issue of whether new and material evidence has been received to reopen the claim for service connection for a right shoulder disability is remanded. The issue of whether new and material evidence has been received to reopen the claim for service connection for a left shoulder disability is remanded. The issue of whether new and material evidence has been received to reopen the claim for service connection for bilateral pes planus is remanded. The issue of whether new and material evidence has been received to reopen the claim for service connection for sleep apnea is remanded. The issue of whether new and material evidence has been received to reopen the claim for service connection for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran had active service from May 1967 to July 1967. He had additional duty with the Army Reserve. The Veteran appeared at a January 2021 virtual hearing before the undersigned Veterans Law Judge. The hearing transcript is of record. The issues of whether new and material evidence has been received to reopen claims for service connection for a cervical spine disability, a back disability, a right shoulder disability, a left shoulder disability, bilateral pes planus, sleep apnea, and bilateral hearing loss are remanded. Service connection may be established for disability resulting from disease or injury incurred in or aggravated during active service or while performing active duty for training. 38 U.S.C. §§ 101(24), 106, 1110. Active service and active duty for training encompasses authorized travel to or from such duty or service. 38 U.S.C. § 101(21), (22). The service medical records show that the Veteran was involved in an April 1967 motor vehicle accident and was diagnosed with cervical spine and dorsal (thoracic) spine sprains with myositis; lumbar spine strain with myositis; right shoulder capsulitis, left shoulder capsulitis; and a left foot contusion. An August 1967 Report of Accidental Injury, VA Form 21-4176, states that the Veteran was injured in an April 12, 1967, motor vehicle accident when the vehicle in which he was riding was struck by a logging truck. The Veteran clarified that, at the time of the accident, he was a member of the Army Reserve’s 104th Test Company and was “on inactive reserve time waiting to serve my active service obligation.” At the January 2021 Board of Veterans’ Appeals (Board) hearing, the Veteran testified that “I was involved in a minor auto accident on my way to combat training at Fort Lewis.” The Board observes that action has not been undertaken to verify the Veteran’s duty status and whether he was on authorized travel to perform either active service or active duty for training at the time of the April 12, 1967, motor vehicle accident. Department of Veterans Affairs (VA) should obtain all relevant service records which could potentially be helpful in resolving the Veteran’s claims. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: Contact the National Personnel Record Center and any other appropriate service entity and request (1) verification of the Veteran’s complete periods of active duty, active duty for training, and inactive duty for training with the Army Reserve and (2) whether the Veteran was on authorized travel to perform active duty service, active duty for training, or inactive duty training at the time of the April 12, 1967, motor vehicle accident. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. T. Hutcheson, 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.