Citation Nr: 21041410
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 19-27 580
DATE: July 9, 2021

REMANDED

Service connection for a thyroid disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2007 to February 2008, with additional periods of active duty for training service and inactive duty for training service in the United States Army Reserve (Reserve).  

This appeal initially came before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision of the Agency of Original Jurisdiction (AOJ).  The Board denied the Veteran's claim in April 2020.  Pursuant to a March 2021 Joint Motion for Remand (Joint Motion), the United States Court of Appeals for Veterans Claims (Court) vacated the Board's April 2020 decision and remanded the issue to the Board.  

The Joint Motion found that insufficient efforts had been undertaken to obtain a complete copy of the Veteran's outstanding Reserve records.  More specifically, the Court noted that while the AOJ requested the Veteran's Reserve records in January 2020 and March 2020, VA did not receive a response to such requests.  Accordingly, the Board remands the Veteran's claim in order to allow the AOJ to undertake all necessary additional efforts to obtain the Veteran's outstanding Reserve records.  

This matter is REMANDED for the following action:

Request a complete copy of the Veteran's Reserve records, to include all personnel and treatment records.  The AOJ should document all efforts to obtain this information, its efforts should conclude only with a positive or negative response from the appropriate repository of such information, and the Veteran should be informed of all actions taken to obtain such information.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.A. Flynn, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.