Citation Nr: 1319040 Decision Date: 06/12/13 Archive Date: 06/21/13 DOCKET NO. 09-06 869 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for a lumbar spine disability, to include degenerative joint and disc disease. 2. Entitlement to service connection for a cervical spine disability, to include degenerative joint and disc disease. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. Shawkey, Counsel INTRODUCTION The Veteran served on active duty from May 1967 to May 1969. His military occupational specialty was that of an infantryman and his awards and decorations include the Combat Infantryman's Badge. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. In addition to denying service connection for lumbar and cervical disabilities in November 2007, the RO also denied, among other issues, the claim for service connection for bilateral hearing loss. Although the Veteran initiated an appeal with respect to this issue, the RO granted service connection for bilateral hearing loss (and tinnitus), in a March 2010 rating decision. As this represents a full grant of benefits sought with respect to this issue, it is no longer on appeal and will not be further addressed. See AB v. Brown, 6 Vet. App. 35 (1993). In July 2012, the Veteran testified before the undersigned Acting Veterans Law Judge at a Board video conference hearing. A transcript of the hearing is of record. In addition to the paper claims file, there is a Virtual VA electronic claims file associated with the Veteran's claim. The Virtual VA file has been reviewed in conjunction with the disposition of the issues on appeal. 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 On file is a Notice of Award from the Social Security Administration (SSA) informing the Veteran that he was entitled to disability benefits beginning in August 1998 with an effective disability date of July 15, 1995. The Veteran testified in July 2012 that he was not sure the real reason he was given the benefits, but acknowledged that he filed for the benefits due to his neck and back problems and indicated that the benefits were probably related to these conditions. VA has a duty to make reasonable efforts to assist claimants in obtaining relevant evidence that the claimant has sufficiently identified. 38 U.S.C.A. § 5103A(b)(c); 38 C.F.R. § 3.159(c). Whenever VA attempts to obtain records from a Federal department or agency, the efforts shall continue until the record are obtained unless it is reasonably certain that such records do not exist or that further efforts to obtain the records would be futile. 38 U.S.C.A. § 5103A(b); 38 C.F.R. § 3.159(c). In this case, it does not appear that any attempt has been made to obtain the Veteran's SSA records. Unless there is evidence to show that that the SSA disability records are not relevant to the Veteran's claims on appeal, which is not the case here, the SSA disability records should be sought by the RO/AMC. See Golz v. Shinseki, 530 F.3d 1317 (Fed. Cir. 2010). Accordingly, this appeal must be remanded to obtain the Veteran's SSA records. Also, the evidence shows that the Veteran continues to receive VA outpatient treatment at the Detroit VA Medical Center (VAMC). In addition, the Veteran reported at a VA examination in November 2011 that he receives treatment from a chiropractor. Accordingly, a request should be made to obtain all outstanding, pertinent VA and private treatment records. 38 U.S.C.A. § 5103(b),(c); 38 C.F.R. § 3.159. Based on the foregoing, the case is REMANDED for the following action: 1. The RO/AMC should, with the assistance of the Veteran as needed, attempt to obtain medical records of all treatment rendered by his chiropractor for his cervical and lumbar spine disabilities. He should also be asked to identify approximate dates and locations of any other relevant private treatment that he may have had. Release forms, to the extent needed should be solicited. Any attempt to obtain outstanding records should be documented in the claims file. If any records request is unsuccessful, the Veteran and his representative should be notified of such fact and given an opportunity to respond. 2. Obtain any relevant VA treatment records from the Detroit, Michigan, VAMC, not currently on file. All records that are obtained should be reviewed. 3. Contact the SSA and obtain and associate with the claims file copies of the Veteran's records regarding SSA benefits, including any SSA administrative decisions (favorable or unfavorable) and the medical records upon which the decisions were based. All records/responses received should be associated with the claims file. 4. When the development requested has been completed, and after undertaking any additional development, including further VA examination, as appropriate, readjudicate the case again on the basis of the additional evidence. If the benefits sought are not granted, furnish the Veteran and his representative a Supplemental Statement of the Case and afford them a reasonable opportunity to respond before the record is returned to the Board for further review. The appellant and his representative have 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). _________________________________________________ Stephanie L. Caucutt Acting 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).