Citation Nr: 21067315 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 17-65 038 DATE: November 3, 2021 REMANDED The issue of entitlement to service connection for an acquired psychiatric disability, to include anxiety, depression, and posttraumatic stress disorder (PTSD) is remanded. The issue of entitlement to service connection for a low back disability is remanded. The issue of entitlement to service connection for neck disability is remanded. The issue of entitlement to service connection for diabetes mellitus is remanded. The issue of entitlement to service connection for high cholesterol is remanded. The issue of entitlement to service connection for peripheral neuropathy, right upper extremity, is remanded. The issue of entitlement to service connection for peripheral neuropathy, left upper extremity, is remanded. The issue of entitlement to service connection for peripheral neuropathy, right lower extremity, is remanded. The issue of entitlement to service connection for peripheral neuropathy, left lower extremity, is remanded. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1968 to January 1970. These matters come before the Board of Veterans' Appeals (Board) on appeal of June 2014 and April 2015 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2021, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. The Veteran contends that he has an acquired psychiatric disability, a low back disability, a neck disability, diabetes mellitus, and high cholesterol that are directly related to his active service, to include his presumed exposure to herbicide agents while service in Vietnam. Additionally, the Veteran contends that he has bilateral upper and lower extremity peripheral neuropathy that are secondary to his diabetes mellitus. At the May 2021 Board hearing, the Veteran testified that he received treatment at the Puerto Rico VAMC shortly after his return from Vietnam in 1972 or 1973. The Veteran further testified that he continues to receive treatment at the Puerto Rico VAMC. However, the Veteran's claims file only contains records from the San Juan VAMC from March 2010 through April 2015. VA treatment records, even if not in the claims file, are considered part of the record on appeal because they are within VA's constructive possession. See 38 U.S.C. § 5103A (2012); Bell v. Derwinski, 2 Vet. App. 611 (1992). On remand, updated VA records, as well as any other relevant VA treatment records identified by the Veteran, must be obtained and associated with the record. Further, during the May 2021 Board hearing, the Veteran testified that he has received private medical treatment from the early 1970's through the present related to the disabilities at issue, to include mental health treatment from Dr. L. and Dr. A., and physical treatment from Dr. A. G and Dr. G. On remand, the Veteran must be asked to complete authorization forms concerning any private medical treatment and/or submit copies of any relevant records. 38 U.S.C. § 5103A (c); 38 C.F.R. § 3.159 (c) (1). The matters are REMANDED for the following action: 1. Obtain all outstanding treatment records from the San Juan VAMC from 1970s to 2010. This must include a search of retired/archived paper records, and negative responses must be documented in the file. 2. Obtain all outstanding treatment records from the San Juan VAMC from April 2015 to present. 3. Contact the Veteran and request that he complete and submit to VA a signed authorization for disclosure of medical records to VA for each private medical health care provider from whom he has received treatment for the disabilities at issue on appeal. The Board is specifically interested in records from Dr. L., Dr. A., Dr. A. G., and Dr. G, as reflected in the May 2021 Board hearing transcript. After receiving any completed authorization form(s), undertake all appropriate efforts to attempt to obtain the identified records. All development efforts with respect to this directive should be associated with the claims file. The Veteran is encouraged to submit directly to VA any outstanding, relevant medical records in his possession. 4. After completion of the above, review the expanded record, including the evidence entered since the most recent statement of the case, and determine whether service connection and entitlement to a TDIU may be granted. If any benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case. The appropriate period should be allowed for response before the appeal is returned to the Board. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. G. LeMoine, 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.