Citation Nr: 18159910
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 17-13 486
DATE:	December 20, 2018
REMANDED
Entitlement to service connection for a bilateral hearing loss disability is remanded.
Entitlement to service connection for tinnitus is remanded.
Entitlement to service connection for sleep apnea is remanded.
Entitlement to service connection for a heart disability, to include coronary artery disease, status post coronary artery bypass graft (claimed as ischemic heart disease and/or heart problems) is remanded.
Entitlement to service connection for hypertension is remanded.
Entitlement to service connection for diabetes mellitus, type II is remanded.
Entitlement to service connection for left lower extremity neuropathy is remanded.
Entitlement to service connection for right lower extremity neuropathy is remanded.
Entitlement to service connection for left upper extremity neuropathy is remanded.
Entitlement to service connection for right upper extremity neuropathy is remanded.
Entitlement to service connection for an acquired psychiatric disorder, to include depression and anxiousness with insomnia is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran had active service in the United States Army from November 1972 to November 1974, to include service in the Republic of Korea.
1.  Entitlement to service connection for a bilateral hearing loss disability is remanded.
2.  Entitlement to service connection for tinnitus is remanded.
3.  Entitlement to service connection for sleep apnea is remanded.
4.  Entitlement to service connection for a heart disability, to include coronary artery disease, status post coronary artery bypass graft (claimed as ischemic heart disease and/or heart problems), is remanded.
5.  Entitlement to service connection for hypertension is remanded.
6.  Entitlement to service connection for diabetes mellitus, type II, is remanded.
7.  Entitlement to service connection for left lower extremity neuropathy is remanded.
8.  Entitlement to service connection for right lower extremity neuropathy is remanded.
9.  Entitlement to service connection for left upper extremity neuropathy is remanded.
10.  Entitlement to service connection for right upper extremity neuropathy is remanded.
11.  Entitlement to service connection for an acquired psychiatric disorder, to include depression and anxiousness with insomnia, is remanded.
12.  Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
VA has an obligation to associate all relevant records with the claims file of a veteran, and a heightened duty when it comes to obtaining records in the possession of another Federal Agency.  See 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2018).  In September 2018, VA received an August 2004 letter to the Veteran from the Social Security Administration (SSA).  The letter stated that a fully favorable decision had been made on the Veteran’s claim for SSA disability benefits.  The record does not clearly indicate what disabilities formed the basis for the SSA disability benefits received.  Where there is actual notice to VA that the Veteran is receiving disability benefits from the SSA, VA has the duty to acquire a copy of the decision granting SSA disability benefits and the supporting medical documentation relied upon where the identified records have a reasonable possibility of assisting in substantiation of the Veteran’s claims.  Golz v. Shinseki, 590 F.3d 1317, 1321-22 (Fed. Cir. 2010).  As such, a remand is required to afford the RO/AMC the opportunity to seek these records.
In addition, VA treatment records from October 2017 to the present should be associated with the electronic claims file.
The matters are REMANDED for the following action:
1.  Associate with the electronic claims file all VA treatment records from October 2017 to the present.
2.  Request all available records concerning the Veteran from SSA.  All records obtained or any response received should be associated with the electronic claims file.  If these records are unavailable, this should be noted and explained in the electronic claims file, with appropriate notice provided to the Veteran.
3.  After the above is complete, readjudicate the Veteran’s claims.  If a complete grant of all benefits requested is not granted, issue a supplemental statement of the case (SSOC) to the Veteran and his representative.
 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. J. Houbeck, Counsel