Citation Nr: 1320341	
Decision Date: 06/24/13    Archive Date: 07/02/13

DOCKET NO.  03-19 644	)	DATE
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Received from the
Department of Veterans Affairs Regional Office in Muskogee, Oklahoma



THE ISSUES

1.  Entitlement to service connection for tinnitus.

2.  Entitlement to an increased rating for service-connected left knee subluxation or lateral instability, evaluated as 10 percent disabling



ATTORNEY FOR THE BOARD

Jennifer R. White, Counsel



INTRODUCTION

The Veteran had active military service from July 1980 to June 1988. 

These matters come before the Board of Veterans' Appeals  (Board) on appeal from September 2002 and June 2008 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.

In the January 2002 rating decision, the RO denied the Veteran a rating greater than 10 percent for his service-connected left knee disability.  The Veteran appealed that denial to the Board and in a June 2005 decision, the Board denied a rating greater than 10 percent under 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5257, but granted a separate 10 percent evaluation for arthritis with limitation of left knee motion, which the RO evaluated under 38 C.F.R. § 4.71a , DC 5260-5010.  The Veteran appealed the Board's June 2005 denial of a rating higher than 10 percent under DC 5257 to the United States Court of Appeals for Veterans Claims (Court).  In a November 2007 decision, the Court vacated the June 2005 Board decision and remanded the matter for further action. 

The Board remanded the case to the agency of original jurisdiction (AOJ) in January 2009 and April 2012 for further development and adjudicative action.  (By the April 2012 action, the Board reopened the claim for entitlement to service connection for tinnitus.)


REMAND

The Veteran submitted a letter dated in January 2010 indicating that he receives Social Security disability payments from the Social Security Administration (SSA).  The RO confirmed this in a June 2010 SSA inquiry.  Records from that agency should be obtained.  Murincsak v. Derwinski, 2 Vet. App. 363 (1992).

Ongoing medical records should also be obtained.  38 U.S.C.A. § 5103A(c) (West 2002); see also Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA treatment records are in constructive possession of the agency, and must be obtained if the material could be determinative of the claim).

Accordingly, the case is REMANDED for the following action:

1.  Obtain from the Social Security Administration the records pertinent to the Veteran's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim.

2.  Obtain and associate with the claims file any pertinent VA treatment records not already associated with the claims file.

3.  After the above is complete, readjudicate the Veteran's claims.  If a benefit sought remains denied, issue a supplemental statement of the case to the Veteran and allow him time to respond before the case is returned to the Board. 

The Veteran has the right to submit additional evidence and argument on the matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

These claims must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board 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. 2013).



______________________________
MARK F. HALSEY
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board 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).