Citation Nr: 21030849 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 17-02 007 DATE: May 19, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran had active duty service from August 1970 to December 1970. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision. The issues were previously before the Board in August 2018 when they were remanded for further development. The Veteran contends that he has a left knee disability, a low back disability, hearing loss, and tinnitus as a result of his service. The Veteran's medical records from his time in the National Guard show that in May 1990, he had trauma to his left knee and was noted to have a spur of the patella. Additionally, an audiological examination in September 1992 showed hearing loss for VA purposes in the Veteran's left ear. The critical question regarding this appeal is whether the Veteran's National Guard service constitutes active duty for training (ADT) or inactive duty for training (IADT) for VA disability compensation purposes. Although the Veteran's military personnel records show periods of ADT and IADT from 2002 to 2003 and from 2005 to 2007, it is not clear whether the Veteran's left knee trauma in May 1990 or left ear hearing loss in September 1992 was during a period of ADT or IADT Additionally, the Board notes that the Veteran's service record shows additional military service from September 1980 to December 1980, but it is also not clear whether this constitutes active duty service, ADT, or IADT. There is no DD 214 pertaining to this period of time in the Veteran's claims file and this period of service has not otherwise been verified. The Veteran's duty status during his National Guard service will impact his entitlement to service connection for the disabilities listed above. Finally, as the case is being remanded for additional development, any outstanding VA treatment records should be associated with the claims file. See Lang v. Wilkie, 971 F.3d 1348 (2020). The matters are REMANDED for the following action: 1. Contact the appropriate records repository and request verification of whether the Veteran was on active duty for training (ADT) or inactive duty for training (IADT) from September 1980 to December 1980; on May 19, 1990; or on September 12, 1992. If the Veteran was on active duty from September 1980 to December 1980, obtain the DD 214 for this period of active service and any other periods of active service. Ensure that all periods of his active duty service are verified. If determinations of ADT or IADT cannot be determined for these dates, the Veteran's Leave and Earning Statement or pay records for this time period should be requested from the Defense Finance and Accounting Service or another appropriate records repository, along with a description of what the various duty status codes on any report mean. A simple retirement points summary will not satisfy this instruction unless it clearly shows duty status. 2. Contact the Veteran in order to have him identify the names and addresses of all health care providers who have treated him for the issues on appeal. The Veteran should also be notified that he may submit evidence or treatment records to support his claim. The Board is particularly interested any outstanding records of VA medical treatment. The AOJ should attempt to obtain any such records. All efforts to obtain such records should be documented in the claims folder. All available records should be associated with the Veteran's VA claims folder. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Morrad, 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.