Citation Nr: 21024158 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 16-17 743 DATE: April 22, 2021 ORDER Service connection for irritable bowel syndrome (IBS) is granted. REMANDED Service connection for headaches is remanded. Service connection for sinusitis is remanded. Service connection for residuals of salmonella is remanded. Service connection for left knee pain is remanded. Service connection for hernia is remanded. Service connection for left arm numbness is remanded. Service connection for chronic fatigue syndrome (CFS) is remanded. Service connection for asthma is remanded. Service connection for cysts in liver is remanded. Service connection for right arm numbness is remanded. Service connection for fibromyalgia is remanded. A rating higher than 30 percent for pes planus with plantar fasciitis is remanded. A compensable rating for tinea pedis is remanded. A compensable rating for eczema is remanded. FINDING OF FACT The Veteran has a diagnosis of IBS which is attributable to his active duty service. CONCLUSION OF LAW The criteria for service connection for IBS are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Army National Guard from August 2, 1982 to November 24, 1982, Army Reserves from October 17, 1988 to March 3, 1989 and the Air Force from August 3, 1989 to June 30, 1992, from October 17, 1994 to April 13, 1995, from January 10, 2007 to May 29, 2007 and from July 15, 2008 to September 30, 2008. He had service in the Southwest Asia Theater of Operations during the Persian Gulf War. The Veteran attended a videoconference hearing in February 2019 before the undersigned Veteran’s Law Judge. A copy of the transcript is associated with the record. IBS The record indicates that the Veteran has a diagnosis of IBS. In July 2018, the Veteran’s treating physician provided a report indicating that she had reviewed the Veteran’s claim’s file, including his service treatment records (STRs). She stated that the Veteran’s IBS was more likely than not due to his active duty service. A January 2021 VA examiner also opined that the Veteran’s IBS was at least as likely as not due to his active duty service. The Board notes that the VA examiner did not limit his positive nexus opinion to the Veteran’s service in Southwest Asia, but specifically stated that the Veteran’s IBS was related to his active duty service, to include his service in Southwest Asia. Also, the private medical provider did not limit her positive nexus opinion to the Veteran’s service in Southwest Asia. Thus, direct service connection for the Veteran’s IBS is warranted, and the claim is granted. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. REASONS FOR REMAND Remaining service connection claims The Board sincerely regrets the delay and acknowledges the Veteran’s frustration in the continued delay in the full adjudication of his claims. The Veteran has stated that his full periods of active duty service are not correctly reflected in his claims file and are not being considered. See February 2021 Correspondence. The Veteran states his service connection claims are being denied without benefit of consideration of his entire term of service. The Veteran’s service consisted of National Guard, active duty, and reserve duty service. Reserve and National Guard service generally means ACDUTRA and INACDUTRA. ACDUTRA is full time duty for training purposes performed by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505. 38 U.S.C. § 101 (22); 38 C.F.R. § 3.6 (c). Basically, this refers to the two weeks of annual training that each Reservist or National Guardsman must perform each year. It can also refer to the Reservist’s or Guardsman’s initial period of training. INACDUTRA includes duty, other than full-time duty, performed for training purposes by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505; 38 U.S.C. § 101 (23); 38 C.F.R. § 3.6 (d). Basically, this refers to the twelve four-hour weekend drills that each Reservist or National Guardsman must perform each year. These drills are deemed to be part-time training. With regards to ACDUTRA and INACDUTRA, service connection may be granted for a disability resulting from injury or disease incurred or aggravated during a period of ACDUTRA, or from an injury incurred or aggravated during a period of INACDUTRA. 38 U.S.C. § 101 (24), 106, 1110, 1131. Thus, though the Veteran’s total span of service may be many decades, only his periods of active duty, ACDUTRA, and INACDUTRA may be considered when determining service connection. In this matter, the Board is not convinced that the record contains a complete and accurate determination regarding the Veteran’s ACDUTRA and INACDUTRA service. Additionally, the Veteran has identified private medical records which do not appear to have been previously associated with the claims file. Thus, though the Board does not wish to delay rendering a decision on the Veteran’s pending claims, remand is necessary to confirm and identify the Veteran’s periods of ACDUTRA and INACDUTRA in both his Reserve and National Guard service, obtain full and complete copies of his STRs during his periods of ACDUTRA/INACTDUTRA, as well as to obtain full copies of any private medical records which have not previously been associated with the claims file. Increased rating for pes planus with plantar fasciitis, tinea pedis and eczema The Veteran’s February 2021 correspondence indicated that his private medical records included treatment for his feet and skin. A full copy of these records must be obtained in order to render a complete Decision on the severity of the Veteran’s service-connected disabilities. The matters are REMANDED for the following action: 1. Verify all of the Veteran’s periods of ACDUTRA and INACDUTRA during his Reserve and National Guard service, to include the precise dates of each. Document all requests for information as well as all responses in the claims file. Required notice must be provided to the Veteran. 2. Contact the National Personnel Records Center or any other appropriate facility and obtain the Veteran’s complete service treatment records for the dates of his service, including his periods of ACDUTRA, INACDUTRA. If any requested records are not available, or no records are found, that fact must clearly be documented in the claims file. Required notice must be provided to the Veteran. 3. Contact the Veteran and afford him the opportunity to identify by name, address, and dates of treatment or examination any relevant private medical treatment records for his disabilities, specifically including Scripps. After securing the proper authorizations where necessary, arrange to obtain all identified records not already on file. 4. Thereafter, send the claims file to the January 2021 examiner to obtain an addendum opinion regarding the etiology of the Veteran’s headaches, sinusitis, salmonella, left knee pain, hernia, bilateral arm numbness, fibromyalgia, chronic fatigue syndrome, asthma, and liver cysts. Should the physician determine that an in-person examination is warranted, such examination(s) should be scheduled. The precise dates of the Veterans’ active duty, ACDUTRA, and INACDUTRA service must be provided to the physician. The physician must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s headaches, sinusitis, salmonella, left knee pain, hernia, bilateral arm numbness, fibromyalgia, chronic fatigue syndrome, asthma, and/or liver cysts were incurred in, or due to, his service. The Veteran’s lay statements regarding onset and continuity of symptomology, including his February 2019 hearing testimony and his February 2021 correspondence, should be recorded, and considered. A rationale for all opinions must be provided. (Continued on the next page)   5. Thereafter, schedule a VA examination to determine the current severity of the Veteran’s pes planus with plantar fasciitis. The examiner should provide a full description of the disability and report all signs and symptoms. 6. Thereafter, schedule a VA examination to determine the current severity of the Veteran’s tinea pedis and eczema. The examiner should provide a full description of the disabilities and report all signs and symptoms. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.