Citation Nr: 22051228 Decision Date: 09/08/22 Archive Date: 09/08/22 DOCKET NO. 12-13 101 DATE: September 8, 2022 REMANDED Entitlement to basic eligibility for VA loan guaranty benefits is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from September 1985 to January 1986, and additional service in the U.S. Army reserves from September 1984 to September 1993. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2011 decision issued by the Department of Veterans Affairs (VA) Home Loan Eligibility Center in Winston-Salem, North Carolina. In July 2014, the Veteran testified at a Video Conference Board hearing. The VLJ that conducted that hearing is not available to participate in the current decision. In July 2022, a Video Conference Board hearing was held before the undersigned. A transcript of the hearing is associated with the Veteran's claims file. 1. Entitlement to basic eligibility for VA loan guaranty benefits is remanded. The Appellant served on active duty from September 1985 to January 1986, and had additional service in the U.S. Army reserves from September 1984 to September 1993. The Appellant contends that he is entitled to home loan guaranty benefits following six years of service with the Army Reserves. He maintains that he was given a Certificate of Eligibility for loan guaranty benefits in 1987, and had been found at that time to have met the applicable time-in-service requirements. A certificate of eligibility for loan guaranty benefits is granted only to veterans who satisfy the basic entitlement criteria outlined in 38 U.S.C. §§ 3701 and 3702. For purposes of those benefits, the term "veteran" includes an individual who has completed a total service of at least six years in the Selected Reserve and, following the completion of that service, was discharged from service with an honorable discharge, was placed on the retired list, was transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service, or continues serving in the Selected Reserve. A certificate of eligibility for loan guaranty benefits may also be granted to a veteran who was discharged or released from the Selected Reserve before completing six years of service because of a service-connected disability. See 38 U.S.C. § 3701. In this instance, the Appellant served on active duty from September 1985 to January 1986, and had additional service in the U.S. Army reserves from September 1984 to September 1993. The Board does not dispute that the Appellant was honorably discharged after completion of this term of service. The Appellant's reserve duty is at least 6 years duration; however, the evidence currently before the Board does not document the Appellant's regular participation in training and drills to confirm his status as a member of the Reserves throughout the six-year period. Instead, the evidence of record shows the applicant served in the Army Reserves September 4, 1984, to September 7, 1993, with only evidence of the years September 4, 1984, to September 3, 1987, as being qualifying years with active participation in training or drills. One Active Duty or Inactive Duty point is required during each year in order for the year to be credited as Selected Reserve service. DD214 indicates active-duty service from September 5, 1985, to January 30, 1986, which is more than 90 days, however the DD214 does not indicate the type of call to active duty the service was for. Only title 10 service that is not for special work or for training can meet the 90 days requirement for active-duty service The DD Form 214 indicates an 11-week course, which appears the period was for training. Active duty for training does not qualify for 90 days of active-duty service. A chronological statement of retirement points submitted in October 2011 notes 147 active-duty points, and 12 inactive duty points between September 1985 and September 1986; and 29 inactive duty points between September 1986 and September 1987. There are only membership points between September 1984 and September 1985, and from September 1987 to September 1993, without points for any periods of training during that time. The Appellant asserts that these statements are incomplete. He reported at the July 2022 hearing that he served active duty for training (ACDUTRA) on a yearly basis. He recalled doing weekenders for the entire six-year period of his reserve duty. The RO denied the claim, stating they had not received evidence that the Veteran received credit for his entire reserve service. Notably, however, the Veteran's complete personnel file has not been obtained. Obtaining the complete military personnel records falls under VA's duty to assist, as does obtaining his leave and earnings statements from his Reserve service. As such, a remand is necessary to establish whether the requirement of at least six years of service performed in the Army Reserve is met for this claimant. To this end, the Board requests that this Appellant's Army Reserve service personnel and pay records from September 1984 to September 1993 be obtained to substantiate his active participation in the required training to establish eligibility for the benefits sought. The matters are REMANDED for the following action: 1. Attempt to obtain, through all indicated and appropriate sources, the Appellant's service personnel records, to include all personnel orders related to active and inactive duty for training. 2. Request any and all records of pay or Reserve service from September 1984 to September 1993, and verification of any subsequent periods of active duty for training or inactive duty for training that may serve as creditable years of Reserve service for home loan guaranty purposes. In this regard, the efforts to obtain this information should include contacting the Defense Finance and Accounting Service (DFAS), Defense Personnel Records Imaging System (DPRIS), and any other federal sources (e.g., unit records, personnel records, Physical Profiles, Line of Duty determinations, referrals to civilian care, reimbursement for payment of civilian care, or SF-600s Chronological Records of Care from other departments). Pay records or other records, including any additional retirement points documents, that list only the number of days in each calendar year during which the Appellant had AD, ACDUTRA, or INACDUTRA will not suffice. If a negative response is received from any facility, a record of such must be made and the Appellant duly notified. All documentation of efforts to obtain such records must be associated with the claims file. 3. Following completion of the foregoing, the AOJ should review the record and readjudicate the claim on appeal. If it remains denied, the AOJ should issue an appropriate SSOC, afford the Appellant an opportunity to respond, and then return the case to the Board. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Skiouris, 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.