Citation Nr: 18149610 Decision Date: 11/13/18 Archive Date: 11/09/18 DOCKET NO. 15-16 535 DATE: November 13, 2018 REMANDED Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to service connection for a lumbar spine disorder is remanded. Entitlement to service connection for hepatitis C is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1985 to September 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In accordance with his request, the Veteran was scheduled for a Board hearing before a Veterans Law Judge in October 2018; however, he failed to report for it. Therefore, his request for a Board hearing is considered withdrawn. 38 C.F.R. §§ 20.702(d), 20.704(d). 1. Service connection for a cervical spine disorder. 2. Service connection for a lumbar spine disorder. 3. Service connection for hepatitis C. 4. Service connection for an acquired psychiatric disorder, to include PTSD. The Veteran contends he has currently diagnosed lumbar spine disorder, cervical spine disorder, hepatitis C, and acquired psychiatric disorder are related to his military service. However, prior to the adjudication of his claims, the Board finds that a remand is necessary in order to obtain outstanding records. In this regard, there appear to be outstanding VA treatment records pertinent to the Veteran’s claims. Specifically, a September 2011 VA treatment record reflects a notation of hepatitis C as diagnosed in November 2010 at the Orlando VA Medical Center. However, such treatment record is not on file. Further, while the September 2011 rating decision reflects consideration of VA treatment records dated from November 2009 to September 2011, only a select few VA treatment records dated in November 2009, March 2011, and September 2011 are of record. Consequently, the Board finds that a remand is necessary in order to obtain all outstanding VA treatment records. Further, a March 2011 VA treatment record notes that the Veteran reported that his application for Social Security Administration (SSA) disability benefits had been denied twice. Consequently, as such records may be relevant to the instant claims, a remand is necessary in order to obtain any determination pertinent to the Veteran’s claim for SSA benefits, as well as any medical records relied upon concerning that claim. Murincsak v. Derwinski, 2 Vet. App. 363 (1992) (where VA has actual notice of the existence of records held by SSA which appear relevant to a pending claim, VA has a duty to assist by requesting those records from SSA). Additionally, the Board notes that the Veteran indicated in an August 2018 VA supportive housing record that he has been receiving physical therapy for his lumbar spine disorder from an outside provider. Thus, on remand, the Veteran should be given the opportunity to submit or authorize VA to obtain any outstanding private treatment records referable to his claimed disorders. Following the receipt of the aforementioned records, the Agency of Original Jurisdiction (AOJ) should review the record and conduct any additionally indicated development, to include affording the Veteran any VA examinations and/or opinions deemed necessary for the adjudication of his claims. The matters are REMANDED for the following action: 1. The Veteran should be given an opportunity to identify any outstanding private or VA treatment records relevant to the claims on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to specifically include all VA treatment records, to specifically include those dated from November 2009 to September 2011, and physical therapy records pertinent to the Veteran’s lumbar spine disorder. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Any determination pertinent to the Veteran’s claim for SSA benefits, as well as any medical records relied upon concerning that claim, should be obtained. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 3. Following the receipt of all records, the AOJ should review the record and conduct any additionally indicated development, to include affording the Veteran any VA examinations and/or opinions deemed necessary for the adjudication of his claims. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jonathan M. Estes, Associate Counsel