Citation Nr: 21022388 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 19-05 812A DATE: April 15, 2021 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1979 to October 1982. An October 2019 Board decision denied service connection for several issues. The matters of service connection for a lower back condition and service connection for hypertension were remanded by the United States Court of Appeals for Veterans Claims (Court) following a Joint Motion for Partial Remand (JMPR) in July 2020. The JMPR indicates that the issues of service connection for asthma, chronic obstructive pulmonary disease, a traumatic brain injury and a total disability rating based on individual unemployability were not appealed and thus abandoned. In pertinent part, the parties agreed that the Board should provide adequate reasons or bases for determining that all of the Veteran’s service records had been obtained, and re-examine the evidence of record to issue a timely, well-supported decision in the case.   Additionally, the VA Form 21-22a, Appointment of Individual as Claimant’s Representative, indicates in box #23 (limitations on representation) that the scope of the above attorney representation is limited to the only the back and hypertension issues. Other issues (service connection for PTSD, depression, sleep disorder, and tuberculosis) are active at the Board and will be address by a separate Board decision. 1. Entitlement to service connection for a back disability is remanded. 2. Entitlement to service connection for hypertension is remanded. Under the JMPR, the parties agreed that the Veteran’s claims for service connection have not been fully developed under VA’s statutory duty to assist. Specifically, VA has not established that the Veteran’s complete Service Treatment Records (STRs) and military personnel records, including from the Veteran’s period of reserve service through November 1985 have been associated with his claim file, and that VA has not prepared a formal finding of unavailability for any missing records. The Veteran has also argued that the STRs in the claim file from this period of active service may yet be incomplete. A preliminary review of the evidence shows that in March 2009, VA prepared a memorandum stating that the Veteran’s active duty STRs from October 1979 to October 1982 were unavailable for review, and that all procedures had been followed in attempt to obtain them. The memorandum did not address the Veteran’s period of reserve service through 1985. See March 2009 VA Memo. In June 2016, VA requested the Veteran’s STRs through the Defense Personnel Records Information Retrieval System (DPRIS) for the Veteran’s active service. Shortly thereafter, and despite the formal finding of unavailability discussed above, STRs and military personnel records were associated with the claim file, which had previously not been included. However, those records did not include any records from the Veteran’s period of reserve service.   The record contains a Department of Defense (DD) Form 2963, Service Treatment Record Certification, dated September 2016. It states that a thorough review of all known systems has been completed, and that it was concluded that no further records exist for the Veteran. However, a note is written in the comment section of the form stating that the request had not actually been uploaded into the Health Artifact and Imaging Management Solution (HAIMS) because the Veteran was not enrolled in the Defense Enrollment Eligibility Reporting System (DEERS). Such explanation is inadequate, as the DD Form 2963 does not show that the records do not exist, but instead shows that the request had not been completed because of clerical reasons. The DD Form 2963 also does not address whether the Veteran’s period of National Guard service was considered. A Certificate of Extension in the claim file, dated October 1984, shows that the Veteran had extended his enlistment in the Georgia Army National Guard through November 1985. See March 2008 Military Personnel Record. No other records in the claim file address the Veteran’s period of National Guard service. Further development is necessary before the Board may reach a decision on the issues on appeal. These matters are REMANDED for the following action: Take all appropriate action to obtain and associate with the claims file all service personnel records and STRs for both the Veteran’s entire period of active service (October 1979-October 1982) and his entire period of reserve service in the Georgia Army National Guard through November 1985. Verify all periods of ACDUTRA and INACDUTRA. After completion of step (1) above, prepare a written report detailing the actions taken. If any identified records cannot be obtained, notify the Veteran and his representative, and allow an opportunity for them to respond and assist in identifying and locating any additional missing records. If all available records have been associated with the claims file, the written report should clearly state so. If any records cannot be obtained, the report should include a formal finding of unavailability of such records. Associate the full report with the claim file. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Hermsdorfer, Associate 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.