Citation Nr: 18143285
Decision Date: 10/18/18	Archive Date: 10/18/18

DOCKET NO. 16-09 271
DATE:	October 18, 2018
REMANDED
The application to reopen the claim for service connection for sleep apnea is remanded.
The application to reopen the claim for service connection for residuals of stroke is remanded.
The application to reopen the claim for service connection for a psychiatric disorder is remanded.
The claim for service connection for hypertension is remanded.
The claim for an effective date earlier than August 31, 2015, for the award of special monthly benefits based on the need for aid and attendance for another person is remanded.
The claim for an effective date earlier than August 31, 2015, for the award of Dependent's Educational Assistance (DEA) is remanded.
The claim for an effective date earlier than August 31, 2015, for the award of a 100 percent rating for pulmonary sarcoidosis with hepatic involvement is remanded.
The claim for special monthly compensation (SMC) based on aid and attendance/ housebound status is remanded.
REASONS FOR REMAND
The Veteran had active service in the United States Air Force from October 1968 to March 1976.  
The applications to reopen the claims for service connection for sleep apnea, residuals of stroke, and a psychiatric disorder; the claim for service connection for hypertension; the claims for earlier effective dates for the award of special monthly benefits based on the need for aid and attendance for another, the award of a 100 percent rating for sarcoidosis, and the award of DEA; and the claim for SMC are remanded.  
The record suggests that there are outstanding VA treatment records that are potentially relevant to all the Veteran’s claims.  Specifically, a December 2015 rating decision notes electronic review of VA treatment records dated from June 30, 2006, to November 30, 2015.  A remand to obtain and associate with the record these missing records as well as any outstanding contemporaneous VA treatment records is required.  See 38 U.S.C. § 5103A(b); Bell v. Derwinski, 2 Vet. App. 611 (1992) (holding that VA adjudicators are deemed to have constructive notice of VA treatment records); Ivey v. Derwinski, 2 Vet. App. 320, 323 (1992) (holding that when reference is made to pertinent medical records, VA is on notice of their existence and has a duty to assist the Veteran to attempt to obtain them).   
The matters are REMANDED for the following action:
1. Undertake appropriate development to associate with the record the outstanding VA treatment records, including those noted in the December 2015 rating decision.
2. Thereafter, readjudicate the Veteran’s claims.  If the benefits sought on appeal remain denied, the Veteran should be provided a supplemental statement of the case (SSOC).  The SSOC must contain 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 issue currently on appeal.  An appropriate period of time should be allowed for response.
 
Evan M. Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Snyder, counsel