Citation Nr: 21025797 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 15-42 503A DATE: April 29, 2021 REMANDED The claim of entitlement to basic eligibility for VA home loan guaranty benefits is remanded. REASONS FOR REMAND The appellant had active duty service as a cadet at the United States Air Force Academy from June to August 1981. He received an honorable discharge following a medical disqualification. This matter is on appeal from a July 2015 Regional Loan Center (RLC) administrative decision. The Board previously remanded this issue in order to obtain a complete copy of the appellant’s service department records, as well as a determination regarding the etiology of the disability underlying his discharge. 1. The claim of entitlement to basic eligibility for VA home loan guaranty benefits is remanded. The Board regrets the additional delay, but remand is again necessary. Initially, the Board notes that the RLC conducted a search of the National Personnel Records Center (NPRC) for the appellant’s service records. The result was a notice of no available records. The appellant reported obtaining some records directly from the Air Force Academy, which have been submitted to the claims file. Unfortunately, the RLC did not make a request to the Air Force Academy, to include its registrar department or the medical records department, and personnel records remain outstanding. Thus, remand is necessary to ensure all appropriate avenues have been contacted in the search for the appellant’s service records. Additionally, the Board previously instructed the RLC to make a determination as to whether the appellant’s discharge from service was due to a service-connected disability for the purposes of loan guaranty eligibility. The appellant asserts that his preexisting back disability was aggravated by the physical demands of the Air Force Academy, which caused his medical disqualification. Unfortunately, an opinion was only rendered on the issue of direct service connection, not whether the preexisting disability had been aggravated. Remand is also necessary to obtain this additional opinion. The matters are REMANDED for the following action: 1. Attempt to obtain, through all indicated and appropriate sources, to include the Air Force Academy, the appellant’s complete medical and personnel records. All efforts to obtain these records should be documented. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile. This determination should be documented in the claims file and the appellant must be notified. 2. Once the aforementioned development is complete, obtain a medical opinion regarding the appellant’s back disability. A complete copy of the claims file must be made available to the examiner. An examination may be scheduled if deemed necessary and may be conducted via telehealth or other electronic means if pandemic/social distancing restrictions remain in effect. After a thorough review of the medical and lay evidence of record, the examiner is asked to discuss the following: (a.) Based upon the medical and lay evidence of record, is there clear and unmistakable evidence (such that reasonable minds could not differ) that a back injury preexisted service? (b.) If you determine that a back disability clearly and unmistakably preexisted service, was the back disability clearly and unmistakably not aggravated (i.e., not permanently worsened beyond the natural progression of the disease) during service? (c.) If it is found that there is clear and unmistakable evidence that the back disability existed prior to service AND that there is clear and unmistakable evidence that the condition was not aggravated by service, please clearly indicate the basis/evidence supporting your conclusions. (d.) If, however, you do not find that there is clear and unmistakable evidence that the back injury preexisted military service OR that any pre-existing condition was not aggravated in service, you must take as conclusive fact that the back injury did not exist prior to service. (e.) After presuming such, please then opine as to whether it is at least as likely as not (i.e. a probability of 50 percent or more) that the back disability had its onset during active service or otherwise resulted from active military service? The examination report should specifically state that a review of the record was conducted. The examiner should provide a complete rationale for all opinions provided. If an opinion cannot be provided without to resorting to mere speculation, the examiner should identify all medical and lay evidence considered in this conclusion, fully explain why this is the case and identify what additional evidence (if any) would allow for a more definitive opinion. 3. Following completion of the foregoing, the AOJ should review the record and readjudicate the claim on appeal. If it remains denied, the AOJ should issue an appropriate supplemental SOC, afford the appellant an opportunity to respond, and return the case to the Board. S. Sorathia Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Fisher, 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.