Citation Nr: 21001966 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 16-45 314 DATE: January 12, 2021 REMANDED Entitlement to service connection for cardiomegaly is remanded. Entitlement to service connection for hypertension, including as due to cardiomegaly, is remanded. Entitlement to service connection for a left thumb contusion is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran had active service from January 1970 to February 1972. In September 2019, the Board denied, in pertinent part, all of the Veteran’s currently appealed claims. The Veteran, through an attorney, and VA’s Office of General Counsel filed a Joint Motion for Remand (Joint Motion) with the United States Court of Appeals for Veterans Claims (Court). The Court granted the Joint Motion in September 2020, vacating and remanding only that part of the Board’s September 2019 decision which denied the above-listed appeals. Having reviewed the record evidence, to include the Court’s September 2020 Order granting the Joint Motion, the Board finds that the issues on appeal should be characterized as stated above. Entitlement to service connection for cardiomegaly, hypertension, including as due to cardiomegaly, a left thumb contusion, and for a right knee disability is remanded. The Veteran contends that he incurred cardiomegaly (or an enlarged heart), hypertension, a left thumb contusion, and a right knee disability during active service. He alternatively contends that his cardiomegaly caused or aggravated (permanently worsened) his hypertension. Both parties to the Joint Motion argued that it was error for the Board to deny these claims in September 2019 without attempting to obtain the Veteran’s complete Social Security Administration (SSA) records when VA had actual notice that he was in receipt of SSA disability benefits. The Board notes in this regard that VA has a duty to obtain SSA records when it has actual notice that the Veteran is receiving SSA benefits. Murincsak v. Derwinski, 2 Vet. App. 363 (1992). The Board next notes that it is bound by the Court’s Order granting the Joint Motion. Thus, the Board finds that, on remand, the Agency of Original Jurisdiction (AOJ) should contact SSA and obtain the Veteran’s complete SSA records, including any administrative decision(s) on his application for SSA disability benefits and all underlying medical records. Both parties to the Joint Motion also argued that it was error for the Board to deny the Veteran’s service connection claim for a right knee disability in September 2019 without discussing the existence of potentially favorable evidence in his available service treatment records and determining whether an examination is required in light of the existence of this favorable evidence. As discussed in the Joint Motion, the Veteran’s service treatment records show that he was seen on September 6, 1970, complaining of a pulled quadriceps muscle after playing football. Physical examination showed tenderness in the lower quadriceps. The impression was a pulled muscle. The Veteran was placed on light duty and had an Ace wrap put on his right knee. The post-service evidence documents ongoing complaints of and treatment for a right knee disability. The AOJ should obtain an opinion regarding the nature and etiology of a right knee disability. The matters are REMANDED for the following action: 1. Conduct any appropriate development to obtain the complete Social Security Administration records. 2. Forward the claims file to a clinician for an opinion concerning the etiology of a right knee disability. The Veteran does not need to report for examination. he clinician is asked to state whether it is at least as likely as not (i.e., a 50 percent or greater probability) that a right knee disability, if present, is related to active service or any incident of service, to include in-service treatment for a pulled muscle with an Ace wrap on the right knee in September 1970. A rationale must be provided for any opinion(s) expressed. The clinician is advised that the Veteran was treated while on active service in September 1970 for a pulled muscle and an Ace wrap was placed on his right knee. The clinician also is advised that the Veteran has complained of and sought treatment for a right knee disability since his service separation. 3. Readjudicate the appeal. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael T. Osborne, 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.