Citation Nr: 20043571 Decision Date: 06/29/20 Archive Date: 06/29/20 DOCKET NO. 16-11 136 DATE: June 29, 2020 REMANDED Entitlement to a higher initial rating for left knee patellofemoral syndrome is remanded. Entitlement to service connection for an acquired psychiatric disability is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1976 to September 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In June 2019, the Board remanded the claims for VA medical examinations. Unfortunately, the Board finds that additional remand is required. In a March 7, 2016 VA treatment record, it was recorded that the Veteran reported he had applied for Social Security Disability Insurance and had received a negative determination. There are no SSA records within the claims file, and VA is considered in constructive possession of SSA records with a duty to assist the Veteran in obtaining such records. Therefore, the Board must remand to obtain the outstanding SSA records. 38 C.F.R. § 3.159(c)(2); see Dunn v. West, 11 Vet. App. 462, 466-67 (1998); Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). Moreover, following the June 2019 Board decision, a VA examination was provided in December 2019 at which the Veteran stated he received three or four Article 15s and lost rank for not following orders, that he was sent to treatment for behavioral concerns after refusing to comply with orders, and that he was incarcerated during service. There are no military personnel records currently in the claims file to verify these reports, which if confirmed could support the allegation of an onset of psychiatric symptoms during service. Accordingly, the Board must remand for appropriate attempts to associate any military personnel records with the claims file, and to obtain an addendum opinion in light of any of those records. 38 C.F.R. § 3.159(c)(2); Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). Accordingly, the matters are REMANDED for the following action: 1. Undertake appropriate action to associate any Social Security Administration records with the Veteran’s claims file. 2. Undertake appropriate action to associate any military personnel records with the Veteran’s claims file. 3. If any military personnel records are added to the claims file, obtain an addendum opinion from the clinician who conducted the December 2019 examination or, if unavailable, another clinician. The clinician must opine whether any of the Veteran’s diagnosed mental disorders are at least as likely as not related to service or had their onset during service. The clinician should review the military personnel records and discuss whether any behavioral problems, such as disobeying orders (leading to Article 15s and lost rank) and/or being incarcerated, support the contention that the Veteran was experiencing psychiatric symptoms while in service. 4. After the above development and any other development deemed necessary is completed, readjudicate the Veteran’s claims. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Davis, 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.