Citation Nr: 18143746 Decision Date: 10/22/18 Archive Date: 10/22/18 DOCKET NO. 12-21 356 DATE: October 22, 2018 REMANDED Entitlement to service connection for Tourette's syndrome is remanded for additional development. Entitlement to service connection for an acquired psychiatric disability, to include as secondary to a service-connected disability, is remanded for additional development. REASONS FOR REMAND The Veteran had active service with the U.S. Air Force from April 1972 to February 1974. During this time, he was awarded the National Defense Service Medal and the Vietnam Service Medal. These matters come to the Board of Veterans’ Appeals (Board) on appeal from a July 2009 rating decision issued by the Department of Veterans Affairs (VA) regional office (RO) in Little Rock, Arkansas. Procedurally, the Board notes that this case was previously remanded in November 2014 for a new VA examination to determine whether the Veteran’s Tourette’s syndrome clearly and unmistakably existed prior to his active duty service, and if so, whether it had been aggravated by his active duty service. At the time, the Board also directed that a new VA examination be conducted to determine the nature and etiology of the Veteran’s depression on both a direct and secondary basis. However, while the Board sincerely regrets the additional delay, a second remand is required before a determination may be made on the merits of the claims on appeal. In a September 2018 post-remand informal hearing presentation, the Veteran’s representative asserted that the record reflected that the Veteran was currently receiving Social Security Administration (SSA) disability benefits, and requested that these records be obtained and associated with the claims file. See September 2018 Informal Hearing Presentation. A review of the record reveals that during a December 2015 VA Mental Disorders examination, the examiner noted that the Veteran was currently receiving SSA benefits. See December 2015 VA Mental Disorders Disability Benefits Questionnaire (indicating the Veteran was receiving SSA benefits, but not providing any detail with respect to the specific conditions for which the Veteran was receiving benefits). Unfortunately, the records regarding the Veteran’s SSA benefits, including his complete application, complete determination, and any records upon which the determination was made, are not yet of record. As such, remand is required to obtain these records and associate them with the claims file before the Board can make a determination regarding the claims on appeal. VA has a duty to make reasonable efforts to assist a claimant to obtain evidence necessary to substantiate the claim, including the responsibility to obtain any “relevant” records from the SSA. 38 U.S.C. § 5103A(a)(1), (c)(3); 38 C.F.R. § 3.159 (c), (c)(2). Voerth v. West, 13 Vet. App. 117, 121 (1999); Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010) (as long as a reasonable possibility exists that the SSA records are relevant to a Veteran’s claim, VA is required to assist a Veteran in obtaining the identified records). Further, VA must make as many requests as necessary to obtain “relevant” SSA records, unless a determination is made that the records do not exist or that further efforts would be futile. 38 C.F.R. § 3.159(c)(2). The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate them with the claims file. 2. Obtain the Veteran’s SSA records and associate them with the claims file. All attempts to secure any identified records and any response received must be documented in the case file. If these records are not available, a negative reply is required. 3. Thereafter, the AOJ should consider all of the evidence of record, consider whether supplemental examinations are warranted, and readjudicate the claims for service connection. If the benefit sought is not granted, the AOJ must then issue a Supplemental Statement of the Case (“SSOC”) and allow the Veteran and his representative an opportunity to respond. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Raj, Associate Counsel