Citation Nr: 1318324 Decision Date: 06/05/13 Archive Date: 06/11/13 DOCKET NO. 09-48 481 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUES 1. Entitlement to service connection for renal cancer, claimed as due to herbicide exposure. 2. Entitlement to service connection for residuals of jungle rot, left foot. 3. Entitlement to service connection for hyperthyroidism. REPRESENTATION Appellant represented by: Vietnam Veterans of America WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Amanda Christensen, Associate Counsel INTRODUCTION The Veteran had active military service from March 1964 to March 1966. This matter comes to the Board of Veterans' Appeals (Board) from an October 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. In January 2012, the Board remanded the Veteran's claim for the Veteran to be scheduled for a Board hearing. The Veteran testified before the undersigned Veterans Law Judge at an April 2013 video conference hearing, and a transcript of that hearing is of record. The claim has since been returned to the Board for further appellate action, and the Board is satisfied there was substantial compliance with its remand order. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). 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 Unfortunately, a remand is once again required in this case. Although the Board regrets the additional delay, further development of the record is required to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. The Veteran testified at a video conference hearing in April 2013 that in the 1990s he was getting Social Security disability benefits for blindness in his right eye, hypothyroidism, and other conditions. An August 2006 medical record from one of the Veteran's private physicians also indicates the Veteran was receiving Social Security disability benefits for his eyesight and poor health. When VA is put on notice of the existence of potentially relevant Social Security Administration (SSA) records, VA must try and obtain these records before deciding the appeal as part of the duty to assist. See 38 C.F.R. § 3.159(c)(2) and (3) (2012); see also Murincsak v. Derwinski, 2 Vet. App. 363, 370- 372 (1992). The Veteran's SSA records are not associated with the claims file and must be obtained on remand as they may be relevant to the claim on appeal. Therefore, the RO must contact the SSA to obtain a complete copy of any and all adjudications and the records underlying any adjudication for disability benefits. Accordingly, the case is REMANDED for the following action: 1. The RO should contact the Social Security Administration and obtain a complete copy of any adjudication and the records underlying any adjudication for disability benefits. All efforts to obtain Social Security records should be fully documented, and a negative response must be provided if records are not available. 2. Thereafter, readjudicate the Veteran's pending claim in light of any additional evidence added to the record. If the benefits sought on appeal remain denied, the Veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board for appellate review. 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. 2012). _________________________________________________ MICHELLE L. KANE 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).