Citation Nr: 18152894
Decision Date: 11/26/18	Archive Date: 11/26/18

DOCKET NO. 13-33 287
DATE:	November 26, 2018
REMANDED
Entitlement to a rating greater than 10 percent prior to January 28, 2016, and greater than 30 percent thereafter, for service-connected right wrist disability, is remanded.
Entitlement to a rating greater than 10 percent for sinusitis is remanded.
Entitlement to a rating greater than 10 percent for a right knee disability is remanded.
REASONS FOR REMAND
The Veteran had active duty service from August 1976 to January 1989.
After a review of the record, the Board finds that additional development is necessary before proceeding with adjudication of the Veteran’s claims.  Specifically, VA has an outstanding duty to assist the Veteran in obtaining evidence that is potentially relevant to the issues on appeal.  See 38 C.F.R. § 3.159 (c)(1), (c)(2) (2017).
The Board notes that in a December 2017 written correspondence, the Veteran reported that he receives benefits from the Social Security Administration (SSA).  He further reported that he has a handicap placard and now uses a scooter to go any distance greater than 50 meters.  Although VA attempted to retrieve these records, SSA could not appropriately respond without the Veteran’s social security number.  There have been no further attempts to retrieve these records.  While a decision from the Social Security Administration is not binding on VA, the records held by SSA may be relevant to the Veteran’s claims on appeal.  See 38 U.S.C. §5103A (c)(1)(C); 38 C.F.R. §3.159 (c)(2); Murincsak v. Derwinski, 2 Vet. App. 363, 370 (1992).
Additionally, the evidence shows that the Veteran has received treatment from private physicians to include Kaiser Permanente, a local orthopedist, an ENT physician, and an allergist.  As VA has a duty to assist the Veteran in obtaining records, on remand, the Veteran should be given an opportunity to identify any VA or non-VA records relevant to the claim on appeal that have not been obtained.  
The matters are REMANDED for the following action:
1. Obtain any outstanding VA treatment records and associate them with the Veteran’s claims folder.  
2. Undertake appropriate development to obtain any outstanding private treatment records.  The Veteran’s assistance should be requested as needed.  All obtained records should be associated with the evidentiary record.  If the AOJ cannot obtain records identified by the Veteran, a notation to that effect should be inserted in the file.  The Veteran is to be notified of unsuccessful efforts in this regard, in order to allow him the opportunity to obtain and submit those records for VA review.
3. Obtain a copy of any Social Security decision awarding or denying disability benefits for the Veteran, copies of all medical records upon which any such Social Security disability benefit award was based, and a copy of any medical records associated with any subsequent disability determinations by Social Security for the Veteran.  All requests for records and their responses should be associated in the claims folder.  Any records obtained should be associated with the claims file.
4. When the development above has been completed, and after any additional notification and/or development deemed necessary is undertaken, readjudicate the claims.  If any benefit sought is not granted, the Veteran should be furnished a Supplemental Statement of the Case and afforded a reasonable opportunity to respond before the record is returned to the Board for further review. 

 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Laffitte, Associate Counsel