Citation Nr: 1305306
Decision Date: 02/13/13	Archive Date: 04/10/13

DOCKET NO.  10-30 580	)        DATE 13 FEB 2013

On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska

THE ISSUES

1. Entitlement to service connection for psychosis, for the purpose of establishing eligibility to treatment.

2. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), bipolar disorder, and major depressive disorder.

3. Entitlement to service connection for tinnitus.

REPRESENTATION 

Appellant represented by:   John S. Berry, Attorney at Law

ATTORNEY FOR THE BOARD

J. Barone, Counsel

INTRODUCTION

The Veteran had active service from January 2002 to August 2007.

This matter came before the Board of Veterans' Appeals (Board) from an April 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska.

The Board remanded the instant claims in July 2011. The appeal has been returned for appellate consideration.

The appeal is REMANDED to the RO. VA will notify the appellant if further action is required.

REMAND

The Board has reviewed the claims file and observes that there is evidence indicating that the Veteran is in receipt of Social Security Administration (SSA) SSA benefits, apparently based on disability. At his December 2010 VA psychiatric examination, the Veteran reported that he had been granted SSA disability benefits. Given the likelihood that records held by SSA might include those pertinent to the disabilities at issue in this appeal, the Board finds that a remand to obtain any records associated with the grant of the award of SSA disability benefits is warranted. Murincsak v. Derwinski, 2 Vet. App. 363 (1992). Accordingly, on remand, the AOJ must contact SSA and obtain the Veteran's complete SSA records, including any administrative decision(s) on her application for SSA disability benefits and all underlying medical records.

In light of the above discussion, the Board has determined that additional development is required. Accordingly, the case is REMANDED for the following action:

-2-

1.	Request a copy of the Veteran's complete SSA
disability benefits file, including any administrative
decision(s) on the Veteran's application for SSA
disability benefits and all of the underlying medical
records. A copy of any response(s) from SSA, to
include a negative reply, should be included in the
claims file. All records provided by SSA also should
be included in the claims file.

If VA is unable to secure the above referenced records, it must notify the Veteran and (a) identify the specific records VA is unable to obtain; (b) briefly explain the efforts that VA made to obtain those records; (c) describe any further action to be taken by VA with respect to the claims; and (d) notify him that he is ultimately responsible for providing the evidence. 38 U.S.C.A. § 5103A(b)(2) (West 2002); 38 C.F.R. § 3.159(e)(1) (2012).

2.	Readjudicate the Veteran's claims, with application
of all appropriate laws, regulations, and case law, and
consideration of any additional information obtained
as a result of this remand. If the decision remains
adverse to the Veteran, he and his representative
should be furnished a supplemental statement of the
case and afforded an appropriate period of time within
which to respond thereto.

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

-3-

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. 2012).

MICHAEL A. PAPPAS 
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) (2012).

-4-