Citation Nr: 21077284
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 16-60 720
DATE: December 29, 2021

REMANDED

Entitlement to service connection for lumbar spine disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1966 to February 1970, with additional service in the Army National Guard.  The Veteran states that he also had service in the Army Reserve.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision by a Department of Veterans Affairs Regional Office (RO).

In March 2020, the Veteran testified at a hearing before the undersigned.  A copy of the transcript of that hearing has been associated with the claims file.  

In June 2020, the Board remanded this case and instructed the Agency of Original Jurisdiction (AOJ) to obtain a VA examination.  

Lumbar Spine Disability

Since the June 2020 Board Decision, a September 2020 Social Security Administration (SSA) Inquiry Results record shows the Veteran has been in receipt of disability benefits since May 2010.  Where there has been a determination with regard to SSA benefits, the records concerning that decision must be obtained, if relevant.  Tetro v. Gober, 14 Vet. App. 100, 108-09 (2000); Murincsak v. Derwinski, 2 Vet. App. 363, 372 (1992); Golz v. Shinseki, 590 F.3d 1317, 1321 (2010) (there is no duty to get SSA records when there is no evidence that they are relevant).  

While the Veteran has not reported receiving SSA benefits related to his lumbar spine disability, he is currently not service connected for any disability.  Moreover, he has only applied for disability benefits related to a lumbar spine disability, hearing loss and tinnitus.  Therefore, the Board finds that attempts to obtain and associate with the claims file any outstanding SSA records should be made.  Id. at 1323; see also Baker v. West, 11 Vet. App. 163, 169 (1998).

The matter is REMANDED for the following action:

1. With any necessary identification of sources by the Veteran, request all VA treatment records not already associated with the file from his VA treatment facilities, and all private treatment records not already associated with the file.

2. Identify and obtain any outstanding SSA records that are not already associated with the record.  If these records are unavailable, a written statement to this effect must also be incorporated into the claims file.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Lamb, 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.