Citation Nr: 18143018
Decision Date: 10/17/18	Archive Date: 10/17/18

DOCKET NO. 14-31 256A
DATE:	October 17, 2018

REMANDED
Entitlement to an effective date earlier than March 28, 2007, for the award of service connection for coronary artery disease, status post coronary artery bypass grafts with scars (CAD) is remanded.
Entitlement to an initial rating in excess of 30 percent for service-connected CAD for the purpose of accrued benefits is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1969 to December 1971.  He passed away in July 2009, and the Appellant is his surviving spouse.  
These issues stem from a special review initiated by the agency of original jurisdiction (AOJ) pertaining to Nehmer class members who may be entitled to retroactive benefits.  In this case, following the Veteran’s death, VA expanded the list of disabilities that could be presumptively linked to in-service Agent Orange exposure, to include coronary artery disease (a form of ischemic heart disease).  The Veteran had previously filed a service-connection claim for coronary artery disease (CAD) and was denied.  In a November 2011 rating decision, the AOJ awarded service connection for CAD, assigning a 30 percent rating, and awarding retroactive benefits to the Appellant, effective March 28, 2007.  The Appellant has disagreed with both the initial rating and the effective date of the award, and perfected this appeal.
Unfortunately, as pointed out by the Veteran’s representative in an October 2018 Informal Hearing Presentation, there appears to be outstanding records which may be pertinent to the both issues on appeal that should be requested and obtained prior to adjudication.
VA treatment records from the McClellan Community Based Outpatient Clinic (CBOC) dated from April 2005 to March 2007 are currently associated with the record.  However, the Appellant has indicated that the Veteran also received treatment at the Long Beach, California VA Medical Center (VAMC), and that the Veteran went to Long Beach in 2001 or 2002 to specifically file a service-connection for his heart disability.  Long Beach VAMC records are not currently associated with the VA claims file.  To ensure a complete record upon which to decide the issues on appeal, any VA treatment records from the Long Beach VAMC, as well as any records from the McClellan CBOC dated after March 2007, must be associated with the claims file.
The record also reflects that the Veteran was awarded disability benefits through the Social Security Administration (SSA) and the United States Railroad Retirement Board.  See September 2014 Statement.
In Golz v. Shinseki, 590 F.3d 1317, 1321 (Fed. Cir. 2010), the United States Court of Appeals for the Federal Circuit held that, as long as a reasonable possibility exists that SSA records may be relevant to a veteran’s claim, VA must assist him or her in obtaining the records. Therefore, a remand is necessary to obtain any records pertinent to the Veteran’s claim for SSA and Railroad Retirement Board disability benefits, including any medical records relied upon.

The matter is REMANDED for the following action:
1. Associate with the claims file any of the Veteran’s VA treatment records from the VAMC in Long Beach, California dating from when he first sought treatment at the Long Beach VAMC to the time of his death, as well as any records from the McLellan CBOC dated after March 2007.
2. With any assistance needed from the Appellant, associate with the claims file any of the Veteran’s SSA disability claim records and United States Railroad Retirement Board records, including any medical records relied upon in making any determination.
3. Then, readjudicate the issues on appeal.

 
 
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	James R. Springer, Associate Counsel