Citation Nr: 21073364 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 17-58 707 DATE: December 8, 2021 REMANDED Entitlement to service connection for a sleep disability is remanded. Entitlement to service connection for a left ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1963 to June 1967 with additional service in the reserves. This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that this matter has been advanced on the docket pursuant to 38 C.F.R. § 20.900(c). In January 2020, the Board denied service connection for a sleep disability and a left ankle disability. In February 2020, the Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In September 2020, the Court granted a Joint Motion for Remand (JMR). The Court's order vacated the Board's January 2020 decision and remanded the matter to the Board for adjudication consistent with the instructions outlined in the JMR. 1. Entitlement to service connection for a sleep disability is remanded. The record indicates the Veteran applied for Social Security disability benefits; however, there is no evidence that VA made any attempts to obtain the records. VA is required to obtain relevant Social Security Administration (SSA) records that have a reasonable possibility of helping to substantiate the claim. Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010); Murincsak v. Derwinski, 2 Vet. App. 363 (1992). While there is no express notation the Veteran filed for Social Security benefits due to a sleep disability, there is a reasonable possibility the records could assist in substantiating the claim by containing information about the etiology of the Veteran's claimed sleep disability. In light of the foregoing, the Board finds VA's duty to assist has not been satisfied and a remand is necessary to attempt to obtain the Veteran's SSA records. 2. Entitlement to service connection for a left ankle disability is remanded. During a December 1983 reserve examination, the Veteran reported she had been treated at the Methodist Hospital in Dallas, Texas in 1967 for a broken left ankle. The Board has determined the records are relevant and there is a reasonable possibility the records could help substantiate the claim. In addition, as noted above, VA is required to obtain relevant SSA records that have a reasonable possibility of helping to substantiate the claim. Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010); Murincsak v. Derwinski, 2 Vet. App. 363 (1992). While there is no express notation the Veteran filed for Social Security benefits due to a left ankle disability, there is a reasonable possibility the records could assist in substantiating the claims by containing information about the etiology of the left ankle disability. Therefore, a remand is necessary under the duty to assist so VA can attempt to associate the 1967 Methodist Hospital records and SSA records with the file. The matters are REMANDED for the following action: 1. Ask the Veteran to submit or authorize VA to obtain the 1967 medical records from the Methodist Hospital in Dallas, Texas, as well as any other outstanding private treatment records related to her sleep or left ankle disabilities. All efforts to obtain these records must be documented in the file. The RO should make two attempts to obtain these records once authorization is obtained, unless the first attempt reveals that further attempts would be futile. If no records are obtained, the RO should notify the Veteran of the records that could not be obtained, notify the Veteran of the steps taken to obtain the records, and notify the Veteran she may submit any such records in her possession. 2. Request from the Social Security Administration the records pertinent to the Veteran's claim and/or award of Social Security Administration disability benefits. All attempts to obtain these records should be documented in the file. Any negative replies must be in writing and associated with the file. TESS WINKLER Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Palombi, 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.