Citation Nr: 1322167 Decision Date: 07/11/13 Archive Date: 07/18/13 DOCKET NO. 09-44 797 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to a higher initial rating for lumbar strain, rated 10 percent disabling. 2. Entitlement to an increased (compensable) rating for status post left ovarian cyst. 3. Entitlement to service connection for an acquired psychiatric disorder. 4. Entitlement to service connection for hysterectomy. 5. Entitlement to service connection for bladder prolapse. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD L. J. Vecchiollo INTRODUCTION The Veteran served on active duty from July 1992 to February 1995. This matter came before the Board of Veterans' Appeals (Board) on appeal from an August 2008 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). 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 A VA mental health note in September 2009 indicated that the Veteran was seeing a mental health care professional for a private independent psychiatric evaluation "for SSDI." Where VA has actual notice of the existence of disability records held by the Social Security Administration (SSA) that appear relevant to a pending claim, VA has a duty to assist by requesting those records from SSA. See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992). These records may also contain information relevant to her other claims on appeal. Thus, on remand, the records from SSA should be requested. A VA examination was conducted in March 2008 pertaining to her increased rating claims, more than 5 years ago. The Veteran's representative, in his May 2013 brief, also alleged that the Veteran's service-connected lumbar strain and status post left ovarian cyst had increased in severity since March 2008. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). In view of such, the Veteran will be provided an opportunity to report a current VA examination to ascertain the current status of the service-connected lumbar strain and status post left ovarian cyst. Relevant ongoing medical records should also be requested. 38 U.S.C.A. § 5103A(c) (West 2002); see also Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA medical 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. Request from the SSA the records pertinent to the Veteran's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim. If the requested records are not available, the Veteran should be notified of such. 2. Ask the Veteran to provide the names, addresses, and approximate dates of treatment of all health care providers who have treated her for low back, gynecological, psychiatric, or urinary bladder conditions. After securing any necessary release, the AMC/RO should obtain any records that are not duplicates of those contained in the claims file. In addition, relevant, ongoing VA treatment records since October 2009 should be obtained. If any requested records are not available, the Veteran should be notified of such. 3. After completion of items 1 and 2 above, schedule the Veteran for a VA spine examination to determine the current manifestations and effects of her lumbar strain. The claims file must be provided to and be reviewed by the examiner in conjunction with the examination. All indicated tests should be performed and all findings should be reported in detail, including range of motion of the thoracolumbar spine (specifying at what degree in motion pain begins) and motor and sensory evaluation. After examination of the Veteran and review of the claims file, the examiner should indicate whether the Veteran's urinary incontinence, if present, is related to her service connected lumbosacral strain or whether it is due to nonservice conditions such as bladder prolapse, hysterectomy, etc. 4. The Veteran should be afforded a VA gynecological examination to ascertain the severity and manifestations of her service-connected postoperative left ovarian cyst, and to obtain an opinion concerning whether her hysterectomy is related to service. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file and to comment on the severity of the Veteran's service-connected disability. The examiner should report all signs and symptoms attributable to the Veteran's post operative left ovarian cyst. The examiner should indicate whether gynecological symptoms reported are related to the post operative left ovarian cyst versus other nonservice connected gynecological disorders. If the examiner finds the gynecological disorders other than the post operative left ovarian cyst are attributable to her post operative left ovarian cyst, the examiner should state such. In addition, the examiner should provide an opinion as to whether the post-service hysterectomy in 1998 was required due to a condition noted during service, including her left ovarian cyst or due to the surgery for the left ovarian cyst. The examiner should provide the reasons for the opinions provided. 5. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed. If the benefits sought on appeal remain denied, the Veteran and her representative should be furnished an appropriate supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. The appellant has the right to submit additional evidence and argument on the 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). _________________________________________________ K. A. BANFIELD 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).