Citation Nr: 21000030 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 14-29 860 DATE: January 4, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for a bilateral knee disability is remanded. Entitlement to service connection for pes planus to include as secondary to service-connected degenerative spondylosis of the thoracolumbar spine and degenerative disc disease of the thoracic spine is remanded. REASONS FOR REMAND The appellant had periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) from June 1999 to October 2003 in the Army National Guard. The appellant has been determined to qualify for status as a Veteran. Notably, he is service connected for degenerative spondylosis of the thoracolumbar spine and degenerative disc disease of the thoracic spine. The Board also notes that the Veteran’s period of service from April 6, 2001 to April 8, 2001 has been considered active service. See Deferred rating decision dated August 2019. This case comes before the Board of Veterans’ Appeals (the Board) on appeal from September 2013, July 2015, August 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented testimony before the undersigned Veterans Law Judge (VLJ) at a Board hearing in March 2020. A transcript of the hearing has been associated with the claims folder. The Board notes that the Veteran’s former attorney also presented argument as to his acquired psychiatric disorder claim in February 2015 before a VLJ who is no longer employed at the Board. The Board remanded the claim for an acquired psychiatric disability for further development in March 2018. Although the Veteran has not been provided notice of that VLJ no longer being employed by the Board, as discussed above, the Veteran was thereafter provided the opportunity to present further testimony as to his acquired psychiatric disorder claim at the March 2020 Board hearing. Moreover, the Veteran’s representative waived an additional hearing during the March 2020 hearing. Service connection for an acquired psychiatric disorder, bilateral knee disability, and pes planus The Board initially notes that a review of the record reveals that the Veteran is currently in receipt of Social Security Administration (SSA) disability benefits. See, e.g., the March 2020 Board hearing transcript, page 36. There is no indication in the record that any attempts have been made to obtain records in conjunction with the Veteran’s claim for SSA disability benefits and, indeed, his SSA records are not currently in the claims file. Therefore, on remand, any determination pertinent to the Veteran’s claim for SSA benefits, as well as any medical records relied upon concerning that claim, should be obtained. See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992) (where VA has actual notice of the existence of records held by SSA which appear relevant to a pending claim, VA has a duty to assist by requesting those records from SSA). Additionally, the Veteran reported during the March 2020 Board hearing that he is currently receiving private mental health treatment. See the March 2020 Board hearing transcript, page 21. On remand, the Board finds that all current outstanding private treatment records should be obtained and associated with the claims folder. With regard to the Veteran’s claim of service connection for pes planus, the Veteran contends that he has pes planus that is related to his periods of ACDUTRA and INACDUTRA. He specifically contends that his training exercises aggravated preexisting pes planus. He alternatively contends that the pes planus is secondary to his service-connected back disability. Generally, no presumptions (including the presumptions of soundness, aggravation, or for presumptive diseases) attach to periods of ACDUTRA and INACDUTRA unless “veteran” status is attained during those periods. Paulson v. Brown, 7 Vet. App. 466, 470 (1995). While service on active duty alone is sufficient to meet the statutory definition of veteran, service on ACDUTRA (or INACDUTRA), without more, will not suffice to give one “veteran” status. Donnellan v. Shinseki, 24 Vet. App. 167, 172 (2010). Before veteran status can be established for a period of such service, it must first be established that a claimant was disabled from a disease or injury incurred or aggravated in line of duty during ACDUTRA, or that he or she was disabled from an injury incurred or aggravated in line of duty during INACDUTRA. As discussed above, the Veteran is service connected for a back disability, but this does not pertain to any period of service outside the period from April 6, 2001 to April 8, 2001. Accordingly, the presumptions of soundness and aggravation do not attach for the remaining periods of ACDUTRA and INACDUTRA. The Board notes that the Veteran’s service treatment records are absent complaints of or treatment for pes planus. However, he is competent to report injury to his feet from training during his periods of ACDUTRA and INACDUTRA. Further, his May 1999 enlistment examination does not document pes planus. There is no medical opinion of record as to whether the Veteran’s pes planus is related to ACDUTRA/INACDUTRA, or whether the Veteran’s pes planus is caused or aggravated by the service-connected back disability. The Board finds that opinions for such should be obtained on remand. The matters are REMANDED for the following action: 1. Request the Veteran to provide authorization to obtain any outstanding, relevant medical treatment records, to include mental health records identified during the March 2020 Board hearing, Dr. Coenen and Unity Point Hospital. After securing the necessary authorization, these records should be requested. If any records are not available, the Veteran should be notified of such. 2. Obtain copies of any records pertaining to the Veteran’s application for SSA disability benefits, to include any medical records obtained in connection with the application. Any materials obtained should be associated with the Veteran’s claims folder. 3. Schedule the Veteran for a VA examination to determine the existence and etiology of the Veteran’s pes planus. The examiner should answer the following questions: a. Whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s current pes planus is etiologically related to his periods of ACDUTRA and INACDUTRA. b. Whether it is at least as likely as not (50 percent or greater probability) the Veteran’s pes planus is (i) caused or (ii) aggravated by his service-connected back disability. If the examiner finds that the pes planus is aggravated by the service-connected back disability, then he/she should quantify the degree of aggravation, if possible. A detailed rationale for all opinions rendered must be provided. 4. Thereafter, readjudicate the remaining claims on appeal. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Nadia Kamal, 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.