Citation Nr: 21002000
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 15-07 907
DATE: January 12, 2021

REMANDED

Entitlement to service connection for left shoulder disability is remanded.

Entitlement to service connection for right shoulder disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1970 to May 1974.

In August 2018, the Veteran testified before the undersigned Veterans Law Judge at a Board of Veterans’ Appeals (Board) videoconference hearing in St. Petersburg, Florida.  A transcript of the proceeding is of record.

The Board remanded the Veteran’s claims in February 2019, as well as a claim for service connection for an acquired psychiatric disability.  The Agency of Original Jurisdiction subsequently granted service connection for major depressive disorder with anxious distress.  Therefore, the acquired psychiatric disorder claim is no longer before the Board.

1. Entitlement to service connection for left shoulder disability is remanded.

2. Entitlement to service connection for right shoulder disability is remanded.

Upon review of the evidence of record, the Board finds remand is warranted to obtain Social Security Administration records.

The evidence of record indicates the Veteran was in receipt of Social Security Administration (SSA) disability benefits.  See, e.g., October 13, 2009 VA treatment record (“receiving social security” at age 59, i.e. not retirement benefits).  VA has not sought these records and records from SSA may support the Veteran’s claim.  Moreover, the Board acknowledges that these records are with a Federal facility and that VA has an increased obligation to obtain records in the custody of a Federal department or agency.  38 C.F.R. § 3.159(c)(2).  Accordingly, remand is also warranted to obtain records from SSA.

The matters are REMANDED for the following action:

Obtain the Veteran’s federal records from Social Security Administration.  Document all requests for information as well as all responses in the claims file.

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Gregory T. Shannon, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.