Citation Nr: 21075148 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 16-19 735A DATE: December 17, 2021 REMANDED Entitlement to service connection for a bilateral knee condition is remanded. Entitlement to service connection for an acquired psychiatric disorder (other than service-connected schizophrenia) is remanded. Entitlement to service connection for a respiratory condition, to include as due to asbestos exposure, is remanded. Entitlement to service connection for high blood pressure is remanded. REASONS FOR REMAND The Veteran had active duty service from May 1996 to January 2006. He also had additional service in the Maryland National Guard with periods of active duty for training, to include from June 1993 to August 1993, and August 1994 to November 1994. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the case for further development in October 2018 and April 2021. The case has been returned to the Board once again for appellate review. The issue of service connection for a skin condition was previously before the Board in April 2021. In a subsequent September 2021 rating decision, service connection for seborrheic dermatitis, also claimed as psoriasis and skin condition, was granted. This is considered a full grant of benefits sought, and the issue of service connection for a skin condition is no longer before the Board. 1. Entitlement to service connection for a bilateral knee condition is remanded. 2. Entitlement to service connection for an acquired psychiatric disorder (other than service-connected schizophrenia) is remanded. 3. Entitlement to service connection for a respiratory condition, to include as due to asbestos exposure, is remanded. 4. Entitlement to service connection for high blood pressure is remanded. Records from the Social Security Administration (SSA) regarding the Veteran's application for social security disability benefits were submitted by the Veteran in July 2020. Those records reflect that the Veteran had a claim for such benefits denied in April 2013 because he was determined not to be disabled. The records in the claims file do not reflect an approval or grant of the Veteran's claim for social security disability benefits. A November 2019 treatment note in the Veteran's VA treatment records indicates that he is dependent on social security and his VA disability benefits for income. The Veteran is under 50 years old, and is thus likely receiving social security disability benefits as opposed to social security retirement benefits. Accordingly, the evidence of record appears incomplete, and such evidence is likely relevant to the Veteran's claims as SSA considers all impairments when determining whether an individual is disabled for SSA purposes. See 20 C.F.R. §§ 404.1520(a)(4), 404.1545(a)(2). Furthermore, the Board acknowledges that these records are with a Federal facility and that VA has an increased obligation in regard to obtaining records in the custody of a Federal department or agency. 38 C.F.R. § 3.159(c)(2). Therefore, remand is warranted to obtain records from SSA. Additionally, the Veteran's VA treatment records reflect that records from other healthcare providers and certain imaging and/or testing results have been uploaded into Vista Imaging. Those records in Vista Imaging, however, appear to not be included or shown in the VA treatment records that are in the claims file. These are possibly relevant records from a VA medical facility. Thus, adequate efforts should be made to request, and if possible, obtain, the Veteran's records in/from Vista Imaging. See id. Lastly, a VA medical opinion was obtained for the Veteran's right knee in June 2021. The clinician noted that the Veteran was seen at the VA in 2012 and reported an insidious onset of bilateral knee pain and onset was noted within a year of consult. The reported history of onset bilateral knee pain during the VA consult does support a chronological association between the symptom of right knee pain mentioned on separation exam in September 2005, seven years prior. However, the examiner then states that the Veteran's current diagnosis of right knee patellofemoral pain syndrome and right knee degenerative arthritis is more consistent with wear and tear from everyday activities and age-appropriate degenerative changes. It is unclear from the opinion whether the Veteran has a current disability that is related to his time in-service. Therefore, a clarification addendum opinion is needed. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate them with the claims file, to include any portions of such records located in Vista Imaging. All attempts to obtain these records should be documented in the claims folder. 2. Obtain all SSA records pertaining to the Veteran's claims for SSA disability benefits, to include any determinations and the medical records used in support of his claim, and associate them with the Veteran's claims folder. All attempts to obtain these records should be documented in the claims folder. Efforts to obtain the requested records should be ended only if it is concluded that the records sought do not exist or that further efforts to obtain those records would be futile. Because these are federal records, if they cannot be located or no such records exist, the Veteran should be notified in writing. 3. After the foregoing, provide the Veteran's claims file to an appropriate clinician to provide an opinion regarding the Veteran's right knee disorder. The entire claims file and a copy of this remand must be made available to the examiner for review. A new examination (physical or telehealth) is only required if deemed necessary by the examiner. The examiner should state whether it is at least as likely as not that the Veteran's current right knee disorder is causally or etiologically related to his military service, to include any injury or symptomatology therein. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, September 2005 separation examination noting knee pain, post-service medical records, June 2021 VA medical opinion report, and assertions. The examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. If there is a medical basis to support or doubt the history provided by the appellant, the examiner should provide a fully reasoned explanation. The examiner must provide a complete rationale for any opinion expressed. If the examiner is unable to reach an opinion without resort to speculation, he or she should explain the reasons for this inability and comment on whether any further tests, evidence, or information would be useful in rendering an opinion. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Banks, 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.