Citation Nr: 0811120 Decision Date: 04/03/08 Archive Date: 04/14/08 DOCKET NO. 04-41 190 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to an initial rating in excess of 10 percent for duodenal ulcer disease. REPRESENTATION Appellant represented by: Alabama Department of Veterans Affairs WITNESS AT HEARINGS ON APPEAL Appellant ATTORNEY FOR THE BOARD Thomas H. O'Shay, Counsel INTRODUCTION The veteran had active military service from April 1960 to September 1960. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2003 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The veteran testified before the undersigned at a hearing held at the RO in August 2007. The Board remanded this case in November 2007 for further development. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required on his part. REMAND Unfortunately, the Board must remand this case again. The veteran did not, in connection with his duodenal ulcer claim, mention that he was in receipt of disability benefits from the Social Security Administration (SSA). Development undertaken while the case was in remand status resulted in the acquisition of VA treatment records for December 2003 to September 2006. Those records contain an April 19, 2005, entry which documents the veteran's assertion that he had been in receipt of SSA disability benefits for 8 years. The entry did not specify the basis for the receipt such benefits. The record shows that the veteran has several nonservice-connected disorders which likely affect his employment, including a seizure disorder and end-stage glaucoma. Although the veteran has not alleged that any records for him held by SSA are pertinent to the instant appeal, the United States Court of Appeals for Veterans Claims (Court) has held on a number of occasions that, as a general matter, where VA learns the veteran is in receipt of disability benefits from the SSA which may be relevant, VA is obligated to obtain records from that agency associated with the receipt of such benefits, as well as the determination on which those benefits are based. See Murincsak v. Derwinski, 2 Vet. App. 363, 369-71 (1992); Baker v. West, 11 Vet. App. 163, 169 (1998); Hayes v. Brown, 9 Vet. App. 67, 73-74 (1996). Consequently the Board will remand this case to obtain any pertinent records in the SSA's possession. The Board understands the veteran's frustration with the length of time involved in resolving the issues concerning his duodenal ulcer disease. Regrettably, the Board first became aware of his receipt of SSA disability benefits after the November 2007 remand. In order to provide the veteran with the assistance in obtaining Federal records to which he is entitled, further remand of his case is necessary. Accordingly, this case is REMANDED to the RO for the following actions: 1. The RO should take appropriate steps to attempt to obtain a copy of any SSA decision awarding or denying the veteran disability benefits, a copy of the medical records upon which the award or denial was based, and a copy of the records associated with any subsequent disability determinations by the SSA. 2. The RO should then prepare a new rating decision and readjudicate the issue on appeal. If the benefit sought on appeal is not granted in full the RO must issue a supplemental statement of the case, and provide the appellant and his representative an opportunity to respond. After the veteran and his representative have been given an opportunity to respond to the supplemental statement of the case and the period for submission of additional information or evidence set forth in 38 U.S.C.A. § 5103(b) (West 2002) has expired, if applicable, the case should be returned to the Board for further appellate consideration, if otherwise in order. By this remand, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. The veteran and his representative have the right to submit additional evidence and argument on the matter the Board has remanded to the RO. Kutscherousky v. West, 12 Vet. App. 369 (1999). This case must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the Court for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ JAMES L. MARCH Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).