Citation Nr: 21070983 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 17-01 471 DATE: November 29, 2021 ORDER As new and material evidence has been received, the claim for entitlement to service connection for a respiratory condition, claimed as emphysema is reopened, to that extent only, the appeal is granted. As new and material evidence has been received, the claim for entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD), anxiety, and depression is reopened, to that extent only, the appeal is granted. REMANDED Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a kidney infection is remanded. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for bursitis is remanded. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for pruritis is remanded. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for arthritis is remanded. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a low back disability to include as secondary to PTSD is remanded. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a sleep disorder is remanded. Entitlement to service connection for a psychiatric disorder to include PTSD, anxiety, and depression is remanded. Entitlement to service connection for a respiratory condition, claimed as emphysema is remanded. FINDINGS OF FACT 1. A May 2008 rating decision denied the Veteran's claim for service connection for emphysema. The Veteran was notified of his rights but did not appeal or submit new and material evidence during the applicable one-year appellate period. 2. The evidence received since the final May 2008 rating decision is not cumulative or redundant of the evidence of record, relates to an unestablished fact, and raises a reasonable possibility of substantiating the Veteran's claim of entitlement to service connection for a respiratory condition, claimed as emphysema. 3. A May 2008 rating decision denied the Veteran's claim for service connection for PTSD. The Veteran was notified of his rights but did not appeal or submit new and material evidence during the applicable one-year appellate period. 4. The evidence received since the final May 2008 rating decision is not cumulative or redundant of the evidence of record, relates to an unestablished fact, and raises a reasonable possibility of substantiating the Veteran's claim of entitlement to service connection for a psychiatric disorder, to include PTSD, anxiety, and depression. CONCLUSIONS OF LAW 1. The May 2008 rating decision that denied entitlement to service connection for emphysema is final. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.52, 20.1103. 2. New and material evidence has been received to reopen a claim for entitlement to service connection for a respiratory condition, claimed as emphysema. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. 3. The May 2008 rating decision that denied entitlement to service connection for PTSD is final. 38 U.S.C. § 7105; 38 C.F.R. §§ 19.52, 20.1103. 4. New and material evidence has been received to reopen a claim for entitlement to service connection for a psychiatric disorder to include PTSD, anxiety, and depression. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veterans served on active duty from January 1967 to April 1970. These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In his substantive appeal to the Board, the Veteran requested a hearing before a member of the Board. The Veteran was notified of his scheduled June 2020 hearing by letter in March 2020. A review of the record shows that this hearing was postponed. He was notified of the rescheduled hearing, scheduled for September 2020 by letter dated in June 2020. The Veteran did not attend the hearing or subsequently request a new hearing. The Veteran's hearing request is deemed withdrawn. 1. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for emphysema In a May 2008 rating decision, the RO denied service connection for emphysema because service treatment records did not show emphysema, and there was no evidence showing that emphysema was due to an event or experience in service. The Veteran did not file a timely appeal, and he also did not submit new and material evidence within one year. Therefore, the May 2008 rating decision is final. Since the last prior final denial, evidence has been associated with the record, to include medical treatment records and a September 2015 VA examination. This evidence relates to unestablished facts needed to establish service connection for a respiratory condition, claimed as emphysema. Therefore, the Board finds that new and material evidence has been received and the criteria to reopen the Veteran's claim for service connection are met. 2. Whether new and material evidence has been received to reopen a claim for entitlement to service connection PTSD In a May 2008 rating decision, the RO denied service connection for PTSD because there was no evidence of any psychiatric condition during service, no evidence that the Veteran was involved in combat or of any other traumatic event during service, and the Veteran did not provide a statement of traumatic events in service as requested. In addition, there was no evidence of a diagnosis of PTSD. The Veteran did not file a timely appeal, and he also did not submit new and material evidence within one year. Therefore, the May 2008 rating decision is final. Since the last prior final denial, evidence has been associated with the record, to include medical treatment records and a May 2015 statement in support of claim for PTSD. This evidence relates to unestablished facts needed to establish service connection for a psychiatric disorder. Therefore, the Board finds that new and material evidence has been received and the criteria to reopen the Veteran's claim for service connection are met. REASONS FOR REMAND 1. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a kidney infection is remanded. 2. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for bursitis is remanded. 3. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. 4. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for pruritis is remanded. 5. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for arthritis is remanded. 6. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a low back disability to include as secondary to PTSD is remanded. 7. Whether new and material evidence has been received to reopen a claim for entitlement to service connection for a sleep disorder is remanded. 8. Entitlement to service connection for a psychiatric disorder to include PTSD, anxiety, and depression is remanded. 9. Entitlement to service connection for a respiratory condition, claimed as emphysema is remanded. The record shows that the Veteran has been in receipt of Supplemental Security Income (SSI) since July 2006, indicating the existence of Social Security Administration (SSA) medical records. See March 2009 VA 119 Report of Contact. Accordingly, as such records have not yet been associated with his claims file, they should be obtained. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992) (holding that VA's duty to assist includes obtaining records from SSA and giving them appropriate consideration and weight in determining whether to award or deny VA disability compensation benefits). The matters are REMANDED for the following action: 1. Obtain a copy of the Veteran's SSA file, including all disability or SSI determinations rendered by that agency and the medical records upon which those determinations were predicated. All efforts to obtain these records should be fully documented, and SSA should provide a negative response if these records are not available. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. 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.