Citation Nr: 18143417
Decision Date: 10/19/18	Archive Date: 10/19/18

DOCKET NO. 16-12 466
DATE:	October 19, 2018
REMANDED
Entitlement to an initial evaluation in excess of 10 percent for postoperative anterior cruciate ligament (ACL) repair with arthritis of the right knee.
REASONS FOR REMAND
The Veteran served on active duty from March 1980 to March 1984, from June 1995 to August 1995, and from January 2003 to December 2003.
This appeal is before the Board of Veterans’ Appeals (Board) from an April 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio.
In November 2016, the Veteran testified during a Board hearing before the undersigned Veterans Law Judge via videoconference.  A transcript is included in the claims file.
Entitlement to an initial evaluation in excess of 10 percent for postoperative ACL repair with arthritis of the right knee is remanded.
In May 2017, the Veteran submitted an April 2017 decision by the Social Security Administration awarding disability benefits in part due to his knee disability.  No supporting records from his Social Security file were submitted.  When VA has actual notice of the existence of relevant Social Security records, the duty to assist includes requesting those records from the Social Security Administration.  See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).  There is no indication in the claims file that VA has attempted to request these records; indeed, there is no reason that VA had any reason to know that they existed until the Veteran’s May 2017 submission.  His claim must therefore be remanded to obtain the records in his Social Security file.
The matter is REMANDED for the following action:
1.  Obtain and associate with the claims file any additional medical evidence that may have come into existence but has not been associated with the record.
2.  Obtain and associate with the claims file any records in the possession of the Social Security Administration pertinent to the Veteran’s award of disability benefits.  Make a notation in the claims file of all attempts to obtain these records and all responses received.
3.  After completing the above, and any other development deemed necessary, readjudicate the appeal.  If the benefit sought remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board.



[SIGNATURE ON NEXT PAGE]

 
JONATHAN B. KRAMER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Gallagher, Counsel