Citation Nr: 21004431 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 14-10 531 DATE: January 27, 2021 REMANDED Entitlement to service connection for a left shoulder disorder, to include DJD, status post arthroscopic surgery, is remanded. Entitlement to service connection for a low back disorder, to include thoracic spine DJD, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1976 to October 1979 and from October 1992 to April 1993. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2016, the Veteran testified at a videoconference hearing before a Veterans Law Judge (VLJ) who has since retired. A transcript of that hearing has been associated with the claims file. In November 2020, the Veteran was notified that the VLJ who conducted his hearing was no longer available and was offered the opportunity for a new hearing. He was advised that if he did not reply within thirty days, it would be assumed that he did not want another Board hearing. To date the Veteran has not replied, and the case is currently before the Board. 1. Entitlement to service connection for a left shoulder disorder, to include DJD, status post arthroscopic surgery, is remanded. 2. Entitlement to service connection for a low back disorder, to include thoracic spine DJD, is remanded. In August 2018, the Board remanded these issues for further development. As explained below, that development has not been accomplished and further action is necessary. Stegall v. West, 11 Vet. App. 268 (1998). In the August 2018 remand, the Board noted that the claims file contains an order granting the Veteran Social Security Administration (SSA) disability benefits. Specifically, SSA benefits were awarded for the service connection claims on appeal. As such, the Board remanded the claims to obtain any outstanding SSA disability records. Although the RO obtained the Veteran’s SSA Profile and Benefit Data, the RO apparently obtained the SSA treatment records of the incorrect person. Therefore, although further delay is regrettable, another remand is warranted to obtain correct SSA records for the Veteran. Further, the RO should take any appropriate corrective action with respect to the incorrect SSA treatment records. Accordingly, the case is REMANDED for the following action: 1. Obtain from the Social Security Administration the records pertinent to the Veteran's claim for disability benefits as well as the medical records relied upon in considering that claim. Any negative search should be noted in the record and communicated to the Veteran. Additionally, in the event of a negative search, if it is determined that additional research requests would be futile, then a memorandum of unavailability should be drafted and added to the record. 2. Take any necessary corrective action with respect to the incorrectly-added SSA treatment records that do not pertain to the Veteran. 3. Then, readjudicate the claims remaining on appeal. If any decision is averse to the Veteran, issue a supplemental statement of the case and allow the applicable time for response. Then, return the case to the Board. Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Spann, 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.