Citation Nr: A21020679 Decision Date: 12/30/21 Archive Date: 12/30/21 DOCKET NO. 190212-3379 DATE: December 30, 2021 REMANDED Entitlement to a rating higher than 30 percent for post-traumatic stress disorder (PTSD), prior to December 28, 2018, and higher than 70 percent thereafter is remanded. Entitlement to service connection for right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1985 to March 1989, and from December 2000 to December 2004. This matter comes before the Board of Veterans Appeals from a January 2019 RAMP rating decision. Initially, the Board also notes that AMA does not require that the same Veterans Law Judge (VLJ) who presided over the hearing sign the decision. For that reason, it is not necessary for the VLJ who presided over the July 2020 hearing to sign this decision By way of procedural history, in July 2018, the Veteran opted into the AMA system by filing a supplemental claim. Thereafter, a January 2019 rating decision was issued. In February 2019, the Veteran's representative submitted a statement in support of claim indicating the Veteran's desire to continue with the RAMP opt-in and selected the hearing lane. The Veteran testified at a July 2020 hearing and transcript of the hearing is associated with the record. The Board notes that the Veteran elected the hearing lane (as evidenced by the July 2020 hearing that was held); therefore, the Board may only consider the evidence of record at the time of the January 2019 RAMP decision on appeal, as well as any evidence submitted by the appellant or his representative at the July 2020 AMA hearing or within 90 days following the hearing. 38 C.F.R. § 20.302 (a). 1. Entitlement to a rating higher than 30 percent for post-traumatic stress disorder (PTSD), prior to December 28, 2018, and higher than 70 percent thereafter is remanded. 2. Entitlement to service connection for right knee disability is remanded. Under the AMA, the Board may only remand an issue for the correction of (1) duty to assist errors occurring prior to the date of the AOJ decision on appeal (i.e., pre-decisional duty to assist errors) and (2) AOJ errors in satisfying a regulatory or statutory duty, if correction of such error would have a reasonable possibility of aiding in substantiating the appellant's claim. 38 C.F.R. § 20.802 (a). In a December 2017 treatment note, prior to the decision on appeal, the Veteran reported that he filed for Security Administration (SSA) disability. However, there are no Social Security applications, decisions, or medical records associated with an SSA claim in the record. Where the record contains factual notice to VA that a Veteran may receive SSA benefits, VA has the duty to acquire a copy of the SSA records, including the decision granting SSA benefits and the supporting medical documentation, if they are relevant. SSA records are relevant if either (1) there is an SSA decision pertaining to a medical condition related to the one for which the Veteran is seeking service connection or (2) there are specific allegations "giv[ing] rise to a reasonable belief" that the SSA records may pertain to the claimed disability. Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010); Baker v. West, 11 Vet. App. 163 (1998). As the SSA records may be relevant to the Veteran's claims any outstanding SSA records must be obtained and associated with the evidentiary record. Additionally, the Board notes that following the hearing, the AOJ contacted the Veteran's representative and stated that the 90 days granted for evidence submission during the hearing was an error and would not be granted. This is incorrect as the Board may consider evidence submitted within 90 days of the hearing. 38 C.F.R. § 20.302 (a). To the extent the Veteran may have relied on erroneous information provided by VA staff regarding his ability to submit evidence, VA is not liable for his reliance on said erroneous information dispensed by a VA employee. See Harvey v. Brown, 6 Vet. App. 416, 424 (1994). The matters are REMANDED for the following action: Obtain from SSA all records pertaining to the Veteran's claim for disability benefits, if any, including copies of all medical records considered in deciding any claim. S. A. Prinsen Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Hemphill 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.