Citation Nr: 21023637 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 16-29 133 DATE: April 21, 2021 REMANDED 1. Entitlement to service connection for a left shoulder disability is remanded. 2. Entitlement to service connection for a right shoulder rotator cuff tear (right shoulder disability) is remanded. 3. Entitlement to service connection for a left knee disability is remanded. 4. Entitlement to service connection for a right knee disability is remanded. 5. Entitlement to service connection for a cervical spine disability, to include as secondary to a left and/or right shoulder disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1983 to May 1991 with reported National Guard service through approximately November 2012. A video conference hearing was scheduled in February 2021. Prior to the hearing, the Veteran’s representative requested that the hearing be cancelled. Thus, the hearing request is deemed withdrawn. 38 C.F.R. § 20.704(d). Initially, the Board notes that active military, naval, or air service, includes any period of ACDUTRA during which the individual concerned was disabled or died from disease or injury incurred in or aggravated in the line of duty, or any period of INACDUTRA during which the individual concerned was disabled or died from injury (but not disease) incurred in or aggravated in the line of duty. 38 U.S.C. §§ 101(21), (22), (23), (24), 106; 38 C.F.R. § 3.6(a), (c), (d). The claims file currently contains evidence of periods of ACDUTRA and INACDUTRA through 2002. However, the Veteran reported that his National Guard service did not conclude until November 2012, and he asserts that he was injured or his injuries were aggravated since 2002. The record does not contain any documentation of periods of ACDUTRA or INACDUTRA since 2002, and it is unclear from the record whether an attempt has been made to obtain those records. Given that the Veteran claims his disabilities had an onset or were aggravated during this period of time, a remand is necessary to attempt to obtain these records as well as any currently unobtained service treatment records from the Veteran’s National Guard service. Finally, the Board notes that while the claims file includes VA examinations for the shoulders, knees, and cervical spine, no etiology opinions were provided for these examinations. To the extent that the Veteran’s service personnel or service treatment records, including any newly obtained records, support a finding that any disability had a potential onset in service or was aggravated by service, including periods of ACDUTRA OR INACDUTRA, an addendum etiology opinion should be obtained. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel records, to include all documents pertaining to his service in the National Guard through November 2012. Verify all active duty for training and inactive duty training dates for alleged service in the National Guard. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information as well as all responses in the claims file. 2. Obtain the Veteran’s complete service treatment records, to include documents pertaining to his service in the National Guard through approximately November 2012 to the extent these records have not already been associated with the claims file. Document all requests for information as well as all responses in the claims file. 3. Upon obtaining the aforementioned, conduct any further development necessary. This further development should include providing addendum opinions or conducting new VA examinations to provide etiology opinions should the evidence show that any claimed disability had an onset or was aggravated during a period of ACDUTRA or INACDUTRA. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Keninger, 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.