Citation Nr: 22011950 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 14-07 881 DATE: March 2, 2022 REMANDED Entitlement to service connection for headaches is remanded. Entitlement to service connection for residuals of a head injury is remanded. Entitlement to service connection for residuals of a back injury is remanded. Entitlement to service connection for residuals of broken left wrist is remanded. Entitlement to service connection for residuals of bilateral knee injury is remanded. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran has active service from August 1977 to November 1977 and additional periods of ACDUTRA and IDT while serving as a member of the National Guard (09/20/2019 Certificate of Release or Discharge From Active Duty; 09/20/2019 Military Personnel Record). This case is before the Board of Veterans' Appeals (Board) from a June 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared before the undersigned Veterans' Law Judge at a September 2016 hearing. In April 2018, the Board remanded these matters to the RO for additional development. Although there has been substantial compliance with the Board's remand directives in accordance with Stegall v. West, 11 Vet. App. 268, 271 (1998), in light of additional evidence received, remand for additional development is necessary. The Board notes that the Veteran's claims of service connection for disabilities of the bilateral knees, his back and left wrist were previously denied by a December 2009 rating decision. Notice of the decision was sent in January 2010 (12/31/2009 Rating Decision Narrative; 01/04/2010 Notification Letter). The Veteran did not appeal this rating. The Veteran's service treatment records and personnel records were not associated with the record at the time of the decision. Relevant service department records, to include service treatment records and personnel records, were subsequently added to the claim file. Because these records existed and had not been associated with the claims file at the time of the decision, the December 2009 decision did not become file. As the prior decision did not become final, new and material evidence analysis is not require. See 38 C.F.R. § 3.156 (c). Service Connection 1. Headaches. 2. Residuals from head injury. 3. Residuals from back injury. 4. Residuals from broken left wrist. 5. Residuals from bilateral knee injury. The Veteran contends that he sustained the claimed injuries in an automobile accident sustained on his way to reserve service. He has testified that he has suffered from residuals of these injuries consistently since they were sustained. A motor vehicle accident report is of record. The details of the accident are consistent with the Veteran's hearing testimony of having been involved in a head- on collision (09/21/2016 Hearing Transcript, pg. 3; 05/22/2021 Civilian Police Reports). The accident report reveals the date of the accident was Sunday, May 13, 1979. Although the Veteran's personnel record is limited, his National Guard retirement credits record reveals that from February 1979 to February 1980, he earned 24 retirement points, suggesting participation in drill weekends. The Board notes the accident occurred on a Sunday morning, which plausibly may have been in the middle of a drill weekend. The Veteran's reserve pay records would likely assist in determining specific dates of drills performed by the Veteran. The Board notes a military pay request to DFAS is of record (06/17/2021 DFAS Payment Worksheet). The record also includes email correspondence suggesting the pay records request was password locked by a VA employee, preventing access to the records (09/01/2021 Email Correspondence). It is not clear whether the password situation has been rectified. Because the pay records are not in the claims file, and the file does not suggest the Veteran's pay records are unavailable, the Board finds additional remand is required for VA to continue its incomplete efforts obtain the Veteran's reserve pay records from DFAS or any other appropriate entity. The matters are REMANDED for the following action: The RO should request the Veteran's complete reserve service pay record, specifically including reserve service pay records from 1979. All efforts to obtain the evidence must be documented in the claims file. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. A. Myers 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.