Citation Nr: 21008173
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 14-16 831
DATE: February 11, 2021

REMANDED

Service connection for degenerative disc disease of the lumbar spine (back condition), on the basis of substitution, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from February 1976 to June 1976.  Unfortunately, the Veteran passed away in September 2016.  The appellant is the Veteran’s surviving spouse.  In October 2016, the appellant submitted a request for substitution, and in June 2017 the RO granted the appellants request to be substituted as claimant in place of the Veteran.  See 38 U.S. C. § 5121A.

The appellant testified at a February 2021 Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing has not yet been associated with the file; however, a copy of the transcript will be associated with the claims file in the ordinary course of business, and given the need for additional development, the appellant is not prejudiced by the absence of the transcript at the time of the drafting of this remand. 

Service Connection Back Condition

The results from a Social Security Administration (SSA) inquiry from January 2020, reflects receipt of Supplemental Security Income (SSI), with a disability onset date of October 2007 and entitlement beginning April 2008.  However, no relevant SSA records are associated with the Veteran’s file.  As these records may be relevant to the claim, the law requires a remand to obtain any outstanding SSA records.  

The matters are REMANDED for the following action:

Obtain the Veteran’s SSA records and associate them with the file.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Lutgens-Staley, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.