Citation Nr: 21041373 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 17-21 332 DATE: July 9, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty for training (ACDUTRA) from April 2004 to August 2004; he served on active duty in the United States Army from March 2006 to June 2006 and from May 2009 to June 2010. He had additional service in the Army National Guard. He received the Combat Infantryman Badge, among many other decorations. The Veteran has a 70 percent VA schedular disability rating for psychiatric disability, effective from This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a January 2021 decision, the Board granted entitlement to service connection for an acquired psychiatric disorder (diagnosed as dysthymic disorder, anxiety disorder, and alcohol use disorder), other than a posttraumatic stress disorder. The issue of entitlement to service connection for PTSD was remanded for additional development and has now been returned to the Board. It is noted that the scope of the appeal for an acquired psychiatric disorder included PTSD and, although service connection for acquired psychiatric disorder (diagnosed as dysthymic disorder, anxiety disorder, and alcohol use disorder) was granted, this award does not represent a full grant of the benefit sought on appeal. See generally, Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (noting that a grant of service connection extinguishes appeals before the Board). The Board must review all claims reasonably raised in the record and must discuss issues raised by the claimant or reasonably raised by the record. See Robinson v. Shinseki, 557 F.3d 1355, 1361 (Fed. Cir. 2009) ("VA is obligated to determine all potential claims raised by the evidence."). It is noted that, in December 2020, the Veteran testified before a Veterans Law Judge who granted the claim for service connection for acquired psychiatric disorder (diagnosed as dysthymic disorder, anxiety disorder, and alcohol use disorder) and remanded the claim for service connection for PTSD. A May 2021 letter from the Board to the Veteran notified him that this VLJ was no longer with the Board and afforded him an opportunity to have another hearing in this matter. No response was received in the allotted timeframe and, hence, the Board may proceed assuming that another hearing is not sought in this matter. See BVA Letter (May 2021). Entitlement to service connection for PTSD is remanded. The Veteran seeks service connection for PTSD, which he contends is related to combat experiences while on active duty. To ensure that VA has met its duty to assist in the development of the appeal and complied with the terms of the Board's prior remand, the Board finds that required is again necessary, as explained below. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). It noted that a remand by the Board imposes upon the Secretary of VA a concomitant duty to ensure compliance with the terms of the remand. Where remand orders of the Board are not complied with, the Board errs in failing to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). "Active military, naval, or air service" includes active duty and any period of active duty for training (ACDUTRA) during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in the line of duty; or any period of inactive duty training (INACDUTRA) in which the individual concerned was disabled or died from an injury, though not also disease, incurred or aggravated in the line of duty or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training. 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a). Reserve and National Guard service generally means ACDUTRA and inactive duty for training (INACDUTRA). ACDUTRA is full time duty for training purposes performed by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505. 38 U.S.C. § 101(22); 38 C.F.R. § 3.6(c). That usually includes two weeks of annual training and/or an initial period of training. INACDUTRA includes duty, other than full-time duty, performed for training purposes by Reservists and National Guardsmen pursuant to 32 U.S.C. §§ 316, 502, 503, 504, or 505. 38 U.S.C. § 101(23); 38 C.F.R. § 3.6(d). That usually indicates weekend drills or training. Here, at his December 2020 Board hearing, the Veteran testified that he was treated for PTSD while he was in the Army National Guard in September 2019 and that he was diagnosed with PTSD during a Vet Center visit. The Board remanded the Veteran's claim with instructions to obtain these records. While some of the Veteran's service treatment records (STRs) from the Oregon National Guard were associated with the Veteran's claim folder, it appears that these records only cover treatment through the end of 2015. Also, VA received in February 2021 information from VADIR (Veterans Affairs and Department of Defense Identity Repository), which shows Drill Days and/or ACDUTRA in fiscal years 2019, 2020, and 2021. The RO has not made a Formal Finding as to whether additional STRs, including records from September 2019 as requested by the prior Board remand, are available. It does not appear that all procedures for obtaining the Veteran's complete STRs were exhausted. Thus, the Board finds that remand is required. Lastly, the Board's prior remand directed the originating agency to obtain the Veteran's Vet Center records. It does not appear that these records were requested or otherwise obtained. It is noted that no authorization for release of these records is necessary as they are part of the VA system of community-based counselling center. Therefore, remand is necessary. See Sullivan v. McDonald, 815 F.3d 786, 793 (Fed. Cir. 2016). The matters are REMANDED for the following action: 1. Obtain the Veteran's complete STRs, to include documents pertaining to his service in the Oregon National Guard to include ACDUTRA and/or INACDUTRA in fiscal years 2019, 2020, and 2021. See Service Record (SR) (February 2021). Document all requests for information as well as all responses in the claims file. If the requested records cannot be obtained, a formal finding of unavailability should be associated with the Veteran's claims folder. The Veteran and his representative should be notified of any negative search results. 2. Obtain and associate with the record VA treatments from 2016 to the present along with Vet Center records. 3. Conduct any other indicated development, including a VA examination if warranted, following the above development. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E.D. Anderson, 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.