Citation Nr: 21025072
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 17-32 843
DATE: April 27, 2021

REMANDED

The issue of whether the Appellant has verifiable military service in order to establish status as a Veteran for VA purposes is remanded.

REASONS FOR REMAND

The Appellant contends that he served honorably with the United States Army from approximately December 1964 to December 1968, including service in the Republic of Vietnam.  To date, such service has not been verified.  

The matter on appeal arises from a June 2016 administrative denial.

In November 2019, the Appellant testified before the undersigned in a Travel Board hearing.  A transcript of the proceedings has been associated with the record.

The Appellant’s claim was last before the Board in October 2020, when it was remanded for compliance with the directives of the January 2020 remand for additional development. In pertinent part, the January 2020 remand instructed the RO to obtain all relevant records regarding the Appellant’s draft selection and/or service from the Selective Service System, to include, but not limited to, copies of his Armed Forces Physical Examinations conducted on April 13, 1965, August 1, 1967, and July 30, 1968. The above development was not completed.  In its October 2020 remand, the Board found that the RO had not complied with the remand directive to obtain records from the Selective Service System and directed the RO to pursue these records. Unfortunately, this was not accomplished.  Following the October 2020 remand, the RO attempted to obtain records from the National Personnel Records Center. However, the RO did not attempt to obtain relevant records from the Selective Service System as directed in the October 2020 remand. 

Accordingly, the case must again be remanded.  See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding veterans are entitled to compliance with Board remand instructions).

The matters are REMANDED for the following action:

1. Obtain all relevant records regarding the Appellant’s draft selection and/or service from the Selective Service System, to include, but not limited to, copies of his Armed Forces Physical Examinations conducted on April 13, 1965, August 1, 1967, and July 30, 1968. See Extract of Selective Service Classification History prepared by B.A. on January 13, 2015 (uploaded in Caseflow on November 16, 2016, labeled as Military Personnel Record); see also Deferred Rating Decision, dated July 30, 2020.

A request for these records should be sent to National Archives & Records Administration (NARA); the Selective Service System, National Headquarters, Arlington, VA 22209-2425; and any other appropriate records repository(ies). 

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Document all requests for information as well as all responses in the claims file.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael J. O’Connor

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.