Citation Nr: 21007149 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 17-15 804 DATE: February 8, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for costochondritis is remanded. Entitlement to service connection for hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for high blood pressure is remanded. Entitlement to service connection for migraine headaches is remanded. Entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD), anxiety, and depression is remanded. Entitlement to a total rating based on individual unemployability due to service-connected disability is remanded. REASONS FOR REMAND The Veteran has verified active duty in the United States Army from August 1974 to December 1974, with additional service in the Army Reserve. These matters are on appeal from a December 2015 rating decision. In February 2019, the Board remanded the claims for the Agency of Original Jurisdiction (AOJ) to obtain the dates and types of the Veteran’s service in the Army Reserve and to contact the U.S. Army Human Resources Command to obtain his service treatment records (STRs). Pursuant to the Board’s remand, the AOJ obtained dates and types of the Veteran’s Reserve service. Regarding the Veteran’s STRs, in June 2020 the National Personnel Records Center indicated that the available STRs had been provided. However, there is no indication that the AOJ made any effort to request the Veteran’s outstanding STRs from U.S. Army Human Resources Command as per the February 2019 remand. On remand, the AOJ should take additional efforts to obtain these records. If no such records are located once all avenues are exhausted, a formal finding of unavailability should be provided to the Veteran. 38 C.F.R. § 3.159(c)(2) (2019). In addition, the record shows that the Veteran is in receipt of disability benefits from the Social Security Administration (SSA). The record includes an August 2019 SSA decision which shows that the Veteran’s low back, neck, bilateral shoulder, and psychiatric disabilities were considered in the decision to award SSA benefits. However, a complete copy of the underlying records used in reaching the SSA’s determination are not associated with the claims file and should be obtained. In addition, the SSA records indicate the Veteran received psychiatric treatment from Dr. Nieves Torres whose records have not been associated with the claims file. On remand, these records should also be obtained. These matters are REMANDED for the following actions: 1. Obtain all records from the Social Security Administration, to include records pertinent to all awards of disability benefits and any underlying records used in reaching the determination. All efforts to obtain Social Security records should be fully documented, and a negative response must be provided if records are not available. 2. Contact the Veteran and request that he either submit, or provide VA sufficient information and authorization to obtain any private treatment records related to his claimed disabilities, including complete records from Dr. Nieves Torres. In order to expedite this case, the Veteran’s is asked to obtain these records himself and inform the RO/AMC that all appropriate records have been submitted in order to ensure that all pertinent records have been submitted in a highly timely manner so that the VA may adjudicate this case quickly. (Continued on the next page)   3. Contact the U.S. Army Human Resources Command and take all steps to obtain all of the Veteran’s Reserve service treatment records (STRs). If a complete set of STRs cannot be obtained once all avenues are exhausted, a new formal Memorandum of Unavailability to the file the attempts that were made and explain why additional attempts to obtain the records would be futile. Provide to the Veteran correspondence notifying him of the specific records that could not be obtained, explaining the efforts VA has made to obtain this evidence, and describing any further action VA will take to develop the claim. The Veteran must be given an opportunity to respond. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Adams, 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.