Citation Nr: 18153149 Decision Date: 11/28/18 Archive Date: 11/27/18 DOCKET NO. 12-21 878 DATE: November 28, 2018 REMANDED Entitlement to an initial compensable rating for bilateral hearing loss is remanded. Entitlement to an initial rating in excess of 10 percent for tinnitus is remanded. Entitlement to service connection for loss of auricle is remanded. Entitlement to service connection for varicose veins is remanded. Entitlement to service connection a clogged neck artery is remanded. Entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND These matters come before the Board of Veterans’ Appeals (Board) on appeal from a November 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia. These matters were previously before the Board in December 2015, when they were remanded for the issuance of a statement of the case. See Manlincon v. West, 12 Vet. App. 238 (1999). In December 2105, the Board referred the issue of service connection for depression to the Agency of Original Jurisdiction (AOJ) for initial adjudication. It does not appear the AOJ has taken further action on the claim; therefore, it is again referred to the AOJ. The Board notes the issue of service connection for depression would typically be encompassed by the Veteran’s service connection claim for PTSD. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009). Yet, at this stage of the adjudicatory process, the Board finds it necessary to treat the depression and PTSD claims as separate and distinct claims since the issue of service connection for depression is subject to a final March 2002 decision. As a result, the AOJ must initially address the issue of service connection for depression despite the Board currently having jurisdiction over the Veteran’s service connection claim for PTSD. The Veteran withdrew his request for a Board hearing regarding these matters in an August 2018 written statement. See 38 C.F.R. § 20.704(e). 1. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. 2. Entitlement to an initial rating in excess of 10 percent for tinnitus is remanded. 3. Entitlement to service connection for loss of auricle is remanded. 4. Entitlement to service connection for varicose veins is remanded. 5. Entitlement to service connection for a clogged neck artery is remanded. 6. Entitlement to service connection for PTSD is remanded. In a January 2018 written statement, the Veteran’s representative requested VA assistance in the development of evidence that may be relevant to the issues on appeal. The record establishes the Veteran was granted disability benefits by the Social Security Administration (SSA) in May 1998. There is no indication that SSA records have been requested. When there has been a determination regarding SSA benefits, the records concerning that decision must be obtained, if relevant. Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010); Tetro v. Gober, 14 Vet. App. 100, 108-09 (2000); Murincsak v. Derwinski, 2 Vet. App. 363, 372 (1992). Here, the Veteran’s representative has explicitly asserted the Veteran’s SSA records are relevant to the issues on appeal; therefore, they must be obtained to fulfill VA’s duty to assist. The Veteran’s representative has also asserted the Veteran may have unverified service in the Air Force. There is support for this assertion in the record, to include statements from the Veteran and a September 2007 rating decision that references a period of service in the Air Force commencing in January 1960. Thus, the Board finds further efforts should be made to ensure all the Veteran’s service have been verified. The Veteran’s representative has asserted there are outstanding service treatment records related the Veteran’s service in the Marine Corps Forces Reserve in active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA) from June 1962 to December 1967. Service treatment records associated with the electronic claims file in December 2014 relate to the Veteran’s service in the Marine Corps Forces Reserve. It is unclear if there are any additional service treatment records available for this period of service; nonetheless, as the Veteran’s representative points out, the current VA adjudication documents refer only to records related to the Veteran’s period of activity duty during this time period. Therefore, there is a remote possibility there are additional records related to periods of ACDUTRA or INACDUTRA during this period of service. As these matters are already being remanded for other reasons, the Board finds that the AOJ should request any additional service treatment records available for the Veteran’s period of service from 1962-1967. The matters are REMANDED for the following action: 1. Request any records that may be available from the Social Security Administration (SSA). Associate any obtained records with the claims file. If the records are not obtained, associate documentation of all efforts to obtain the records and make appropriate findings consistent with statute and regulation as to why efforts to obtain the records ceased. 2. Request all service treatment records for any periods of active duty, ACDUTRA or INACDUTRA for the Veteran’s period of service in the Marine Corps Forces Reserve from 1962 to 1967. If no additional records are obtained, associate documentation of all efforts to obtain the records and make appropriate findings consistent with statute and regulation as to why efforts to obtain the records ceased. (Continued on the next page)   3. Ask the Veteran to provide a statement addressing whether he served in the Air Force, and, if so, the approximate dates of his service. Take all steps necessary to verify any service reported by the Veteran, to include the procurement of any records related to such service. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. S. Kyle, Counsel