Citation Nr: 1324386 Decision Date: 07/31/13 Archive Date: 08/07/13 DOCKET NO. 06-35 490 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for a bilateral knee disorder. 2. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), addictive behavior, and depression. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. Hannan, Counsel INTRODUCTION 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 Veteran appellant had active service in the United States Marine Corps from May 1974 to May 1978; he also had active service in the United States Army from July 1980 to September 1981. This case originally came before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania, in May and September of 2005, that denied the appellant's claims of entitlement to service connection for bilateral knee disorders and a psychiatric disorder, including posttraumatic stress disorder (PTSD) addictive behavior, and depression. In a January 2011 decision, the Board denied the Veteran's claims for service connection for a bilateral knee disorder and for an acquired psychiatric disorder. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In November 2011, the Court vacated the decision and remanded the appeal for compliance with the instructions in a Joint Motion for Remand. Thereafter, the Board remanded the case for additional development in June 2012. The case has now been returned to the Board for appellate review. In addition to the paper claims files, there is an electronic file (Virtual VA) associated with the claim. Virtual VA does currently contain evidence (VA medical treatment records (CAPRI) dated between January 2005 and November 2007) that is pertinent to the claim on appeal that is not already included in the paper claims files. 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 The Court has held that a remand by the Court or the Board confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders. Stegall v. West, 11 Vet. App. 268 (1998). The June 2012 Board remand directives instructed the AMC/RO to obtain unit records or histories for Company C of the Marine Corps Security Guard Battalion for the period from January 1975 to August 1976. Review of the evidence of record reveals that, while the Command Chronology for 1976 was obtained, no records from 1975 were obtained. The June 2012 Board remand directives instructed the AMC/RO to obtain Social Security Administration (SSA) records for the Veteran. While SSA records were obtained, review of those records reveals that they are from someone with a different Social Security number than the Veteran - namely, the Veteran's son. The evidence of record still does not include any VA treatment records dated prior to 2003, or after 2008. While the case is in remand status, all outstanding VA treatment records, inpatient and outpatient, should be identified and obtained. 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. Assure that all notification and development action required by 38 U.S.C.A. §§ 5102, 5103, and 5103A, the implementing regulations found at 38 C.F.R. § 3.159 and any other applicable legal precedent has been completed. 2. With assistance from the appellant as needed, identify all outstanding VA treatment records and associate them with the claims file. In particular, obtain all VA treatment records dated prior to December 2003, as well as all VA inpatient medical, psychiatric or substance abuse treatment records dated from 2005 onward. 3. Contact SSA to obtain official documentation of any pertinent application for benefits filed by the appellant, including the List of Exhibits associated with any SSA Administrative Law Judge (ALJ) decision, as well as copies of all of the medical records upon which any decision concerning the appellant's original claim for benefits and subsequent grant of, or continuing entitlement to, benefits was based. All of these records are to be associated with the claims file. 4. Request from the Marine Corps Archives and Special Collections, Alfred M. Gray Research Center, 2040 Broadway Street, MCCDC, Quantico, VA 22134-5107 copies or a search of unit and headquarters battalion records of Company C, Marine Security Battalion, Hong Kong dated from January 1975 to December 1975 that refer to the appellant's alleged assault and subsequent treatment, disciplinary, or administrative action or any general reference to involvement of Marine Security personnel in off embassy altercations or civil unrest involving the detachment in Manila. 5. Review the claims file to ensure that all the foregoing requested development is completed, and arrange for any additional development indicated, to include obtaining a medical opinion or addendum to any medical opinion, as needed. 6. After undertaking any other warranted development, readjudicate the claims. The readjudication must reflect consideration of all the evidence of record and be accomplished with application of all appropriate legal theories. 7. If any benefit sought on appeal remains denied, the appellant and his representative must be provided a Supplemental Statement of the Case (SSOC), containing notice of all relevant actions taken on the claims for benefits, to include a summary of the evidence and applicable law and regulations considered pertinent to the issues currently on appeal. An appropriate period of time should be allowed for response. 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). Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. These claims 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). _________________________________________________ DENNIS F. CHIAPPETTA 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).