Citation Nr: 22051158 Decision Date: 09/08/22 Archive Date: 09/08/22 DOCKET NO. 18-17 704 DATE: September 8, 2022 REMANDED Entitlement to service connection for a left leg disorder is remanded. REASONS FOR REMAND The Veteran served in the Army National Guard from October 1988 to September 1995, with subsequent service in the Reserves until 2017, including a period of active duty from June 2004 to May 2005. See DPRIS Response (April 2017); Service Record (April 2017); DPRIS DD 214 Certified Original Certificate of Release or Discharge From Active Duty (January 2018). This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. See Hearing Transcript (September 2021). The Board remanded the issue on appeal in February 2022. See BVA Decision (February 2022). The Board is obligated by law to ensure that the RO complies with its directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance. Stegall, 11 Vet. App. at 271. In February 2022, the Board remanded the issue directing the RO to obtain VA treatment records dated as early as 2005 and additional service treatment records (STRs) and service personnel records (SPRs). See BVA Decision (February 2022). VA treatment records were obtained. See CAPRI (February 2022); CAPRI (April 2022); CAPRI (July 2022). The RO also notified the Veteran that records dated in 2005 were not found at either the San Juan, Puerto Rico or Butler, Pennsylvania VA Medical Centers. See Final Attempt Letter (April 2022). Department of Defense medical records were obtained that showed treatment in 2005 and 2006. See CAPRI (July 2022). Additionally, the RO obtained the Veteran's SPRs, although no further STRs were obtained. See DPRIS Response (May 2022). Accordingly, the Board finds that there has been substantial compliance with the prior remand directives. Entitlement to service connection for a left leg disorder is remanded. The Veteran contends that he injured his left leg during physical training while on active duty in in 2004 or 2005. See Hearing Transcript (September 2021); Correspondence (January 2015); other (October 2021). He stated that the injury was severe such that it required 10 appointments with a physical therapist and that he has had pain since that time. See Correspondence (January 2015); Hearing Transcript (September 2021). The Board finds that remand is warranted to attempt to verify the Veteran's dates of active duty for training (ACDUTRA). VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records. 38 C.F.R. § 3.159(c)(2). Service connection may only be granted for conditions etiologically related to active military, naval, or air service. The term "active military, naval, or air service" is defined to include: (1) active duty; (2) any period of ACDUTRA during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and (3) any period of INACDUTRA during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty." 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a). ACDUTRA includes full time duty in the Armed Forces performed by members of the Reserves for training purposes. 38 U.S.C. § 101(22); 38 C.F.R. § 3.6(c). INACDUTRA is generally duty (other than full-time duty) prescribed for Reserves or duty performed by a member of the National Guard of any State (other than full-time duty). 38 U.S.C. § 101(23); 38 C.F.R. § 3.6(d). Annual training is an example of ACDUTRA, while weekend drills are INACDUTRA. Here, STRs from the Veteran's period of active duty in 2004 and 2005 do not show any left leg complaints, treatment, or diagnoses. See STR Medical (October 2014); STR Reserve STR (February 2018). In an April 2008 VA medical record during the Veteran's Reserve service, however, he was seen for left calf pain that developed the day prior while he was running for a PT test. See Medical Treatment Record Government Facility (May 2022). Additionally, later treatment records show left knee osteoarthritis diagnosed in 2015 while the Veteran was still in the Reserves. See STR Reserve STR (February 2018). But it isn't clear if the left calf complaints and the arthritis diagnosis were made during a period of ACDUTRA. Although the Veteran's SPRs were obtained on remand, the records do not delineate the Veteran's periods of ACDUTRA during his lengthy Reserve service from 1995 to 2017. These dates should be obtained. While on remand, any current VA and/or private medical treatment records should be obtained. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, VA medical records, and making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159(c)(1), (2). In a May 2022 submission, the Veteran noted that he would begin physical therapy for his condition at the Puerto Rico VA Medical Center in June 2022. See Correspondence (May 2022). In a June 2022 VA treatment record, it was noted that the Veteran was being referred to community based physical therapy for treatment. See CAPRI (July 2022). No VA treatment records are associated with the claims file after June 2022. See CAPRI (July 2022). No community based physical therapy records are associated with the claims file. Accordingly, while on remand, these records should be obtained. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from June 2022 to the Present. 2. Ask the Veteran to complete a VA Form 21-4142 for his community-based physical therapy for his left knee and hip. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. 3. Verify all the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) in the Army Reserve and Army National Guard through all/any appropriate sources (e.g. the National Personnel Records Center (NPRC), the Defense Finance and Accounting Service (DFAS), etc.). All attempts to obtain this data, and any responses received, should be documented in the claims file. It is noted that Reserve retirement point sheets are not adequate for this purpose. Rather, the specific dates of the Veteran's ACDUTRA and INACDUTRA service are required and should be associated with the claims file. (Continued on next page) 4. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M., 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.