Citation Nr: 1318928 Decision Date: 06/11/13 Archive Date: 06/21/13 DOCKET NO. 12-06 050 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUE Entitlement to service connection for rheumatoid arthritis. REPRESENTATION Veteran represented by: Colorado Division of Veterans Affairs WITNESSES AT HEARING ON APPEAL The Veteran and his wife ATTORNEY FOR THE BOARD Andrea Johnson, Associate Counsel INTRODUCTION The Veteran had active military service from July 1954 to July 1956. This appeal comes to the Board of Veterans' Appeals (Board) from a June 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado. The Board must note that in reviewing this case the Board has not only reviewed the Veteran's physical claims file, but also his file on the "Virtual VA" system to ensure a total review of the evidence. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). 38 U.S.C.A. § 7107(a)(2) (West 2002). 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. REMAND The Veteran is seeking service connection for rheumatoid arthritis. In seeking VA disability compensation, a Veteran generally seeks to establish that a current disability results from disease or injury incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131. "Service connection" basically means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. 38 C.F.R. § 3.303. Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). The Veteran filed his claim in March 2010. In a June 2010 rating decision the RO denied the Veteran's claim, finding the evidence did not establish the Veteran's rheumatoid arthritis began during or was otherwise caused by his military service. The Veteran then timely appealed this matter to the Board. The Veteran was provided with a hearing before the undersigned Veterans Law Judge (VLJ) in May 2013. At this hearing the Veteran testified that he was diagnosed with rheumatoid arthritis at a VA facility in Denver in approximately 1957. Unfortunately, the record establishes the Veteran's VA treatment records from this facility are not available back as far as 1957. In an email the VA facility in question indicated the Veteran's records were only available since 1991. However, review of the record reflects the earliest treatment records included in the file are from 1999. As such remand is required to obtain copies of the VA treatment records from 1991 through 1999 and associate them with the claims file. Unfortunately, the record suggests the Veterans post-service treatment records between 1957 and 1991 are not available at the VA facility. Additionally, the Veteran testified that he did not have a copy of the earlier VA treatment records in his possession. As such, the alleged VA treatment records from as early as 1957 are not available for review at this time. The Board has reviewed all available post-service treatment records. These records reflect the Veteran currently has rheumatoid arthritis, but indicate his condition was diagnosed in 1991, more than thirty years after his separation from military service. However, in his May 2013 hearing the Veteran also testified that he has been receiving benefits from Social Security Administrative (SSA) since at least the mid 1970s. Unfortunately, the records from the Veteran's SSA benefits, including his application, determination, and any records upon which the determination was made, are not yet of record. In addition, review of the record does not reveal any attempt has been made to search for the Veteran's SSA records. These SSA records may be relevant to the claim on appeal, especially if they contain medical treatment records earlier than 1991. As such, remand is required to obtain these records and associate them with the claims file. See 38 U.S.C. § 5103A(c)(3); 38 C.F.R. § 3.159(c); Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010). Accordingly, the case is REMANDED for the following action: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012). Expedited handling is requested.) 1. Obtain all available VA treatment records, specifically records from 1991 to 1999. Associate all VA treatment records with the claims file and make them available for review by the Board. All efforts to obtain these records should be fully documented, and a negative response must be provided if records are not available. 2. Obtain any records from the Social Security Administration, to include any award of disability benefits and any underlying records used in reaching the determination. All efforts to obtain Social Security records should be fully documented, and a negative response must be provided if records are not available. 3. Then readjudicate the appeal. If the claim remains denied, provide the Veteran and his representative with a supplemental statement of the case and allow an appropriate time for response. The Veteran has the right to submit additional evidence and argument on the matter 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).