Citation Nr: 20037588 Decision Date: 06/02/20 Archive Date: 06/02/20 DOCKET NO. 14-15 193 DATE: June 2, 2020 REMANDED Entitlement to service connection for a lower back disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability 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 in the United States Navy from August 1971 to September 1973. Additional evidence has been added to the record after the February 2014 statement of the case (SOC) for lower back, left knee, and right knee disabilities and the August 2015 SOC for a mental disability. In an August 2019 submission, the Veteran’s representative included a signed waiver of agency of original jurisdiction (AOJ) consideration in the first instance of this evidence. In a September 2018 rating decision, the AOJ readjudicated the knee and back claims and the Veteran submitted a notice of disagreement (NOD) in October 2018. The Veteran had already perfected his appeal as to those claims and they are before the Board from the earlier rating decisions. 1. Entitlement to service connection for a lower back disability is remanded. 2. Entitlement to service connection for a left knee disability is remanded. 3. Entitlement to service connection for a right knee disability is remanded. 4. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. The Veteran contends that he suffers from an acquired psychiatric disability that had its onset during his active duty service. His service treatment records (STRs) include the Veteran’s complaint that he “may have” taken LSD, doesn’t know, may have been accidental, etc. A July 1973 treatment record shows a diagnosis of visual and auditory hallucinations. A June 2019 private medical opinion dates the onset of the Veteran’s mental disabilities to service, after an ingestion of hallucinogens. Direct service connection may be granted only when a disability was incurred or aggravated in line of duty, and not the result of the Veteran’s own willful misconduct or, for claims filed after October 31, 1990, the result of his or her abuse of alcohol or drugs. 38 U.S.C. § 105; 38 C.F.R. § 3.301(a), (d). As such, a finding that the Veteran’s diagnosed psychiatric disability was due to drug use would prohibit direct service connection. Before the Board can determine whether the drug use in service was willful misconduct, additional evidence is needed. There are references in the record that Veteran in receipt of disability benefits from the Social Security Administration (SSA). There are no related SSA records in the file and it does not appear that any efforts have been made to obtain them. There are no references in his STRs of drug use or drug abuse. However, there are outstanding records, including SSA records and any other treatment records, that may include additional pertinent information. The matters are REMANDED for the following actions: 1. Ask the Veteran to identify any providers who treated him since service. After obtaining the necessary release information, take all appropriate action to obtain any identified records. 2. Obtain the Veteran’s VA treatment records for the period from August 2018 to the present 3. Take all appropriate action to obtain any SSA records, including a copy of its determinations concerning a claim for disability benefits, together with the medical records and other evidence that served as the basis for any such determination. 4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Jones Council, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.