Citation Nr: 21075172
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 16-38 283
DATE: December 17, 2021

REMANDED

Whether the character of the appellant's discharge is a bar to his receipt of VA benefits, other than health care under Chapter 17, Title 38, United States Code, is remanded.

REASONS FOR REMAND

The appellant had active duty from November 1969 to August 1971. He received an under other than honorable (OTH) conditions discharge.

These matters are before the Board of Veterans' Appeals (Board) on appeal from an August 2015 administrative decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona.

The Veteran requested a Board hearing and was scheduled for one in August 2021. However, the Veteran did not report for the hearing. Consequently, he is deemed to have waived his hearing request. See 38 C.F.R. §§ 20.703, 20.704.

The Board previously remanded these matters in January 2019 for further development. The claim is now back before the Board for further appellate adjudication.

1. Whether the character of the appellant's discharge is a bar to his receipt of VA benefits, other than health care under Chapter 17, Title 38, United States Code, is remanded.

The Board regrets the additional delay, but finds remand is once again necessary for the reasons discussed further below.

In an August 2016 correspondence, the appellant provided a treatment note from a private mental health provider. Specifically, the appellant submitted an August 2016 treatment note from Jewish Family and Children's Services, indicating that he received treatment for posttraumatic stress disorder (PTSD). A remand is required to allow VA to obtain authorization and request these records.

A remand is also needed to obtain the appellant's outstanding records from the Social Security Administration (SSA). The VA has been notified that the appellant is in receipt of SSA disability benefits. See May 2019 Inquiry Results. To date, it does not appear that the AOJ has attempted to obtain SSA records. The Board finds remand is necessary to attempt to obtain SSA disability records, as there is a reasonable possibility that such records could help substantiate the appellant's appeal. Golz v. Shinseki, 590 F.3d 1317, 1322 (Fed. Cir. 2010) (VA's duty to assist includes obtaining relevant Social Security records).

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for Jewish Family and Children's Services and any other private health care provider. Make two requests for the authorized records from Jewish Family and Children's Services and any other identified health care provider, unless it is clear after the first request that a second request would be futile. 

2. With any assistance needed from the appellant, attempt to obtain any previous application for SSA disability benefits, to include a copy of any decision awarding benefits and copies of any medical records upon with SSA based its decision. Document all attempts to obtain SSA records, and any responses.

 

 

Journet Shaw

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor, 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.