Citation Nr: 21026209 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 11-04 867 DATE: April 30, 2021 REMANDED Whether the character of the appellant’s discharge from his period of service dating from August 2, 1993, to February 25, 2008 is a bar to VA benefits is remanded. Entitlement to service connection for body pain, claimed as due to an undiagnosed illness is remanded. Entitlement to service connection for a ganglion cyst is remanded. Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for disabilities of the bilateral feet, including pes planus and plantar fasciitis, is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for dermatitis/eczema is remanded. Entitlement to service connection for skin tags is remanded. Entitlement to service connection for alopecia is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a heart disability is remanded. Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from June 26, 1981, to August 1, 1993, and from August 2, 1993, to February 25, 2008. Currently, only the Veteran’s first period of active duty service is recognized by VA as honorable. This matter is before the Board of Veterans’ Appeals (Board) on appeal from February 2012, December 2013, October 2015, and March 2018 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. A March 2018 Board decision remanded for further development the matters of whether the Veteran’s second period of active duty service should be deemed to be honorable, entitlement to service for body pain, claimed as due to an undiagnosed illness, entitlement to service connection for a ganglion cyst, entitlement to service connection for a low back disability, entitlement to service connection for disabilities of the bilateral feet, including pes planus and plantar fasciitis, entitlement to service connection for hypertension, entitlement to service connection for dermatitis/eczema, entitlement to service connection for skin tags, entitlement to service connection for alopecia, entitlement to service connection for a right knee disability, and entitlement to service connection for a heart disability. An August 2019 Board decision remanded the issue of entitlement to service connection for obstructive sleep apnea for further development. 1. Whether the character of the appellant’s discharge from his period of service dating from August 2, 1993, to February 25, 2008 is a bar to VA benefits is remanded. In a May 2020 Statement in Support of Claim, the Veteran asserted that the Department of the Navy Board of Correction of Naval Records (BCNR) had upgraded his characterization of service from June 26, 1981 to September 23, 2004, to an honorable discharge. The Board also observes that the Veteran submitted a copy of an August 2014 correspondence from the BCNR which states This is in reference to your Application for Correction of Military Record (DD Form 149), received 10 October 2012, in which you requested corrections to your Certificate of Release or Discharge from Active Duty (DD Form 214) to reflect honorable service from 26 June 1981 through 23 September 2004. Based on the information currently contained in your record, it appears that administrative action has been taken to correct your official military personnel file. The correspondence indicates that a determination was made by the Board for Correction of Naval Records (BCNR) in an August 2013 decision, for which he is seeking reconsideration. In an October 2014 response to a member of Congress, submitted by the Veteran, the BCNR stated (The Veteran) submitted an application for correction of his naval record, requesting, in effect, to change the dates of his period of service. In this regard, he was informed by the Board’s letter of August 7, 2013, that his record had been corrected and he was also provided a copy of the corrected Certificate of Release or Discharge from Active Duty (DD Form 214/215). As a result, he was informed that his case was administratively closed since no action was required by the Board. However, documentation of cited BCNR decision is not of record. On remand, any available records pertaining to the Veteran’s requests to upgrade his character of service, to include the August 2013 decision, should be obtained from the Board for Correction of Naval Records. 2. Entitlement to service connection for body pain, claimed as due to an undiagnosed illness is remanded. 3. Entitlement to service connection for a ganglion cyst is remanded. 4. Entitlement to service connection for a low back disability is remanded. 5. Entitlement to service connection for disabilities of the bilateral feet, including pes planus and plantar fasciitis, is remanded. 6. Entitlement to service connection for hypertension is remanded. 7. Entitlement to service connection for dermatitis/eczema is remanded. 8. Entitlement to service connection for skin tags is remanded. 9. Entitlement to service connection for alopecia is remanded. 10. Entitlement to service connection for a right knee disability is remanded. 11. Entitlement to service connection for a heart disability is remanded. 12. Entitlement to service connection for obstructive sleep apnea is remanded. Finally, because a decision on the remanded issue of whether the Veteran’s character of discharge from August 2, 1993, to February 25, 2008 is a bar to VA benefits could significantly impact a decision on the issues of entitlement to service connection, the issues are inextricably intertwined. A remand of the service connection claims are also required. The matters are REMANDED for the following action: 1. Ask the Veteran to submit a copy of any completed DD Form 149 submitted to the Board for Correction of Naval Records (BCNR) following the August 2013 and October 2014 responses from the Naval Discharge Review Board (NDRB). 2. Take appropriate action to determine whether the BCNR granted the Veteran an upgraded discharge for his period of service from June 26, 1981 to September 23, 2004, to include contacting the appropriate service department and/or record storage facility, with a request that they provide any and all information available regarding the character of, to include any upgrade to, the Veteran's discharge from service. The claims file should document the steps taken and the Veteran should be notified of any negative response in accordance with 38 C.F.R. § 3.159(e). 3. Then, after taking any additional development deemed necessary, readjudicate the claim on appeal, and furnish the Veteran and his attorney a Supplemental Statement of the Case, as appropriate. T. MAINELLI 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.