Citation Nr: 22012204 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 11-13 165 DATE: March 2, 2022 REMANDED The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a seizure disability is remanded. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right hip disability is remanded. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right knee disability is remanded. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a left knee disability is remanded. The issue of entitlement to service connection for a left hip disability is remanded. The issue of entitlement to a temporary total rating under the provisions of 38 C.F.R. § 4.29 and 38 C.F.R. § 4.30 is remanded. REASONS FOR REMAND The Veteran had active service from April 1980 to April 1983. She had additional duty with the Army Reserve. The Veteran appeared at a July 2013 hearing before the undersigned Veterans Law Judge. A hearing transcript is of record. 1. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a seizure disability is remanded. 2. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right hip disability is remanded. 3. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a right knee disability is remanded. 4. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a left knee disability is remanded. 5. The issue of entitlement to service connection for a left hip disability is remanded. In July 2020 Remand instructions, the Board of Veterans' Appeals (Board) requested that the Agency of Original Jurisdiction "contact the National Personnel Records Center and/or the appropriate service entity and request that a search for the Veteran's service medical and personnel records be made using the surname on the Veteran's Army Certificate of Release or Discharge, DD Form 214." In September and November 2020 Requests for Information, VA Form 3101, the Agency of Original Jurisdiction requested the records using the Veteran's current name. The Board notes that the name the Veteran served under, is noted on the Veteran's service separation form, DD Form 214. In a May 2021 response to the September and November 2020 requests, the National Personnel Records Center stated that they "cannot identify a record based on information furnished. If additional information can be obtained, resubmit using PIES request code 302." In a June 2021 Request for Information, VA Form 3101, the Agency of Original Jurisdiction corrected the September and November 2020 error and requested the Veteran's service records using the appropriate name. In a June 2021 response to the June 2021 request, the National Personnel Records Center stated that "There are no records at code 13 for this person. Suggest you use DPRIS web to obtain information from official military personnel folders in the custody of the Department of Defense. See FL 09-45 dated November 2, 2009." The record does not show that documentation that any attempt has been made to use DPRIS web to obtain information from official military personnel folders in the custody of the Department of Defense. The Veteran's service documentation has not been incorporated into the record. The August 2021 supplemental statement of the case issued to the Veteran indicates that the National Personnel Record Center had no records for the Veteran under either surname. Because there is no indication that the Agency of Original Jurisdiction has used DPRIS web to obtain the Veteran's information from official military personnel folders in the custody of the Department of Defense, as advised by the National Personnel Record Center, the additional development requested by the Board has not been completed. The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). 6. The issue of entitlement to a temporary total rating under the provisions of 38 C.F.R. § 4.29 and 38 C.F.R. § 4.30 is remanded. The issue of entitlement to a temporary total rating under the provisions of 38 C.F.R. § 4.29 and 38 C.F.R. § 4.30 is inextricably intertwined with the issues seeking service connection that are being remanded and must also be remanded. The matters are REMANDED for the following action: As advised by the National Personnel Records Center in a June 2021 response, use DPRIS web to obtain information from official military personnel folders in the custody of the Department of Defense using the surname on the Veteran's Army Certificate of Release or Discharge, DD Form 214. See FL 09-45 dated November 2, 2009. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Layton, 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.