Citation Nr: 0813916 Decision Date: 04/28/08 Archive Date: 05/08/08 DOCKET NO. 05-25 719 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUES 1. Entitlement to service connection for scoliosis. 2. Entitlement to service connection for spondylosis of the cervical spine. 3. Entitlement to service connection for intervertebral disc syndrome of the thoracolumbar spine, including disc bulges of T11-12, L4-5, L5-S1. REPRESENTATION Veteran represented by: The American Legion WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD K. M. Schaefer, Associate Counsel INTRODUCTION The veteran served on active duty November 1980 to November 1984. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in September 2004 by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. In March 2007, the veteran testified at a personal hearing before a Decision Review Officer (DRO), sitting at the RO. She also testified at a personal hearing before the undersigned Veterans Law Judge, sitting at the RO in March 2008. Transcripts of these hearings are associated with the claims file. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran contends that a motor vehicle accident, fall, and physically demanding duties as a fuel specialist in service, resulted in the her disorders of the cervical, thoracic, and lumbar spine. The Board determines that a remand is necessary for further development of the record and to allow VA to fulfill its duty to assist. Specifically, the Board observes that the veteran is in receipt of disability benefits from the Social Security Administration (SSA). In July 2006, the RO requested records related to the veteran's SSA application and award from the SSA. In January 2007, copies of the veteran's application for benefits and the SSA disability report and reconsideration, as well as a list of medical records considered by SSA, were received by VA. However, the medical records considered by SSA were not included in the information VA received. The Board notes that, although some of the treatment records listed as considered by SSA were independently associated with claims folder, most of these records are not in the file. Therefore, the Board determines that a remand is necessary in order to acquire all medical records considered by SSA in its disability determination. Accordingly, the case is REMANDED for the following action: 1. Obtain from SSA all medical records relevant to the veteran's claim for SSA disability benefits. All requests and responses, both positive and negative, should be associated with the claims file. 2. After completing the above actions and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the veteran's service connection claims should be readjudicated, to include all evidence received since the July 2006 supplemental statement of the case. The veteran and his representative should then be issued another supplemental statement of the case. An appropriate period of time should be allowed for response. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims 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). _________________________________________________ MILO H. HAWLEY Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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).