Citation Nr: 1306504 Decision Date: 02/26/13 Archive Date: 03/01/13 DOCKET NO. 07-30 855 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for an innocently acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD). 2. Entitlement to service connection for the residuals of pneumonia, to include a blood clot of the left lung. 3. Entitlement to service connection for arthritis. 4. Entitlement to service connection for anemia. 5. Entitlement to service connection for hypertension. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Rebecca Feinberg, Counsel INTRODUCTION The Veteran served on active duty from January 1964 to January 1968, with a period of active duty for training from November 1962 to April 1963. This matter comes to the Board of Veterans' Appeals (Board) on appeal from June 2005 and October 2008 rating decisions of the RO. While the Veteran requested to appear at a hearing with the Board, he withdrew this request in March 2010. The appeal is being 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 The Board finds that additional development is necessary prior to final adjudication of the Veteran's claims. The evidence of record indicates that the Veteran applied for and might be in receipt of Social Security Administration (SSA) benefits based on being disabled. Any records associated with SSA's determination regarding the Veteran's disability could be relevant to the Veteran's current VA claims. There is no indication in the record as to which disabilities the Veteran applied for these benefits based upon. Where VA has notice that the veteran is receiving SSA disability benefits, and that records from that agency may be relevant, VA has a duty to acquire a copy of the decision granting Social Security disability benefits, and the supporting medical documents on which the decision was based. Golz v. Shinseki, 590 F.3d 1317, 1320-1321 (Fed. Cir. 2010). Thus, copies of any records relating to the SSA disability determination should be obtained. In addition, in a November 2004 written statement, the Veteran provided detailed information regarding one of his claimed stressors that involved an identified soldier who was shot in the head in April or May 1966 while he was at a training center in Germany. Diagnoses of PTSD during the appeal period are of record. Therefore, the RO should attempt to verify his stressor or make a determination that such verification is not possible. If it is verified, the Veteran should be scheduled for an examination to determine whether he has PTSD that is related to this verified stressor. The Board also notes that the Veteran was afforded a VA psychiatric examination in May 2009. While he was diagnosed as having several psychiatric disabilities, an opinion regarding whether any of them was related to his service was not provided and the examination is, therefore, inadequate. As such, on remand, such an opinion should be obtained. Accordingly, the case is REMANDED for the following action: 1. The RO should take all indicated action in order to obtain copies of any SSA records relating to any disability determination made with regard to the Veteran. 2. The RO should also take all appropriate steps to attempt to verify the stressor provided by the Veteran in a November 2004 written statement, in which he indicates that he witness an identified soldier being shot in the head while they were stationed in Germany in April or May 1966. 3. The RO then should have the Veteran scheduled for a VA examination in order to determine the nature and likely etiology of the claimed psychiatric disorder. After examining the Veteran and reviewing the entire record, the examiner should respond to the following: Is it at least as likely as not (a 50 percent probability or greater) that any current psychiatric disorder was manifested during or otherwise attributable to an event of the Veteran's active duty? If so, clearly identify such current psychiatric disorder(s). If PTSD is diagnosed, the examiner should identify the specific stressor or stressors that support that diagnosis. The examiner should also indicate whether the stressor was adequate to support a diagnosis of PTSD and whether his symptoms are related to the claimed stressor. A complete rationale for all opinions is required. 4. After completing all indicated development, the RO should readjudicate the claims remaining on appeal in light of all the evidence of record. If any benefits sought on appeal remains denied, the Veteran and his representative should be furnished a fully responsive Supplemental Statement of the Case and afforded a reasonable opportunity for response. Thereafter, if indicated, the case should be returned to the Board for the purpose of appellate disposition. The Veteran 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. 2012). _________________________________________________ STEPHEN L. WILKINS 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).