Citation Nr: 21025497 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 13-01 233 DATE: April 28, 2021 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to service connection for a hip disability is remanded. Entitlement to service connection for the residuals of a head injury is remanded. REASONS FOR REMAND The Veteran served with the United States Air Force from August 1970 to April 1974. These matters were previously remanded by the Board of Veterans’ Appeals (Board) in January 2020. Entitlement to service connection for a back disability, hip disability, and residuals of a head injury are remanded. Although the additional delay is regrettable, a review of the evidence of record reveals that there has not been substantial compliance with the Board’s January 2020 remand directives. Indeed, a remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with remand instructions, and imposes on VA a concomitant duty to ensure compliance with the terms of the remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, the Board finds that a remand for corrective action is required. In the January 2020 remand, the Board remanded this matter to attempt to obtain records to verify the Veteran’s statements that he was involved in a motor vehicle accident while in service. Specifically, the RO was directed to search for inpatient hospital records and to make reasonable efforts to obtain pertinent military records, such as military police log books or other records that may have been created as a result of the Veteran’s motor vehicle accident at Kincheloe Air Force Base from either 1971 and 1973. The Board asked that if any identified records were not obtainable or that none exist, the Veteran should be notified, and the record clearly documented. See January 2020 Board Decision. The RO made two requests for any military police log books or other records including, command duty or watch office records, local police or public safety records or any other records that may have been created as a result of the Veteran’s motor vehicle accident at Kincheloe Air Force Base which occurred in either 1971 or 1973. See August 2020 Request for Information; see also November 2020 Request for Information. Thereafter, the RO informed the Veteran that there were no records available for the request for military police log books or other records, command duty or watch office records, local police or public safety records or any other records that may have been created as a result of the Veteran’s motor vehicle accident in 1971. See December 2020 Request for Information. However, the RO failed to note whether there were records from 1973 for the Veteran’s reported motor vehicle accident. See December 2020 Final Attempt letter. The Board finds that remand is, once again, required to make a records request that substantially complies with the Board’s prior remand directives. See Stegall v. West, 11 Vet. App. 268, 270-71 (1998) (requiring substantial compliance with remand directives). Moreover, the Board notes that the RO requested records for a motor vehicle accident that occurred at the Kincheloe Air Force Base. In a July 2020 Deferred Rating memorandum, the RO noted that Kincheloe Air Force Base was decommissioned in 1977 and is now known by various different names including Kinross Municipal Airport, Kinross Army Air Field, Kinross Air Field, Kinross Air Force Auxiliary Field, and Kinross Air Force Base. See July 2020 Deferred Rating. On remand, the AOJ should attempt to obtain any outstanding records, to include inpatient hospital records or pertinent military records, such as military police log books, command duty or watch office records, local police or public safety records or any other records that may have been created at the time of the Veteran’s motor vehicle accident, using any of the various names for the former Kincheloe Air Force Base. The matters are REMANDED for the following action: 1. Make reasonable efforts to obtain pertinent military records, such as military police log books or other records, command duty or watch office records, local police or public safety records or any other records that may have been created as a result of the Veteran’s 1971 or 1973 motor vehicle accident at Kincheloe Air Force Base. When making this request, the RO should be aware that the Kincheloe Air Force Base is now known by various different names including Kinross Municipal Airport, Kinross Army Airfield, Kinross Airfield, Kinross Air Force Auxiliary Field, and Kinross Air Force Base. If any identified are not obtainable (or non-exist) the Veteran should be notified, and the record clearly documented. (Continued on the next page)   2. If new evidence is received, conduct any other development deemed necessary, to include obtaining additional medical opinions regarding the likely etiology of the Veteran’s claimed disabilities. PAUL E. METZNER Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Emily A. Kotroco 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.