Citation Nr: 21008248 Decision Date: 02/12/21 Archive Date: 02/12/21 DOCKET NO. 18-11 965 DATE: February 12, 2021 REMANDED Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for phlebitis is remanded. Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for a left knee disability is remanded. Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for a right knee disability is remanded. Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for a left hand disability is remanded. Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for a left foot disability is remanded. Whether new and material evidence has been submitted to reopen the claim for entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for asthma is remanded. Entitlement to service connection for Parkinson’s disease is remanded. Entitlement to service connection for loss of strength of the right leg is remanded. Entitlement to service connection for loss of strength of the left leg is remanded. Entitlement to service connection for muscle cramps of the lower extremities is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Marine Corps from November 1965 to November 1967. The Board observes that a claim of service connection for asthma was finally denied in an April 2014 rating decision. However, after that decision, the Veteran submitted evidence within his military service personnel file, which existed at the time of the April 2014 decision but had not been associated with the claims folder, discussing a diagnosis of asthma. See Military Personnel Record dated as received on February 11, 2015 (United States Senate correspondence dated October 28, 1966 and stamped as received by Marine Headquarters on October 31, 1966). As these records are relevant to the asthma claim, the Veteran is entitled to readjudication of the claim pursuant to 38 C.F.R. § 3.156(c). REASONS FOR REMAND Service treatment records show complaints and/or treatment for breathing problems. The Veteran has not been afforded a VA examination in relation to this claim. Accordingly, a remand is warranted to afford the Veteran an examination on this matter to ascertain the nature and etiology of his asthma. The Board also notes that the Veteran has raised claims of entitlement to service connection for loss of strength of the right and left leg, and muscle cramps of the lower extremities. The record is unclear, however, as to what the Veteran is arguing in relation to these claims. In order to determine whether a VA examination(s) is necessary, the AOJ should contact the Veteran and request clarification as to the specific nature, onset and cause of his claimed loss of strength of the right and left leg, and muscle cramps of the lower extremities. The Board next notes that the record indicates that Social Security Administration (SSA) records and decisions may be outstanding. The record shows that in a May 1984 SSA decision, claim for Supplemental Security Income, the Veteran was found to be disabled. It is also noted that throughout the record, the Veteran states that a Social Security doctor diagnosed him with Parkinson in 1998. There are no records of such diagnosis, however, in the file. In September 2017, the Veteran reported that the only income he received was “SSI for being a disabled senior citizen.” In December 2017, the RO conducted a SSA inquiry and it was determined that the Veteran was not in receipt of SSA benefits and therefore no SSA records were requested. As the record is unclear as to whether the Veteran is in receipt of Social Security disability benefits, a remand is necessary to attempt to locate and associate with the claims file any relevant Social Security Administration records and decisions that may exist. Finally, the record reflects that the Veteran was admitted to a VA hospital in 1972. See VA Form 10-7131 dated March 1972. VA has a duty to obtain its own records, and an attempt to obtain these records if still existing must be made. The matters are REMANDED for the following action: 1. Contact the Veteran and request clarification as to the nature, onset and cause of his claimed loss of strength of the right and left leg, and muscle cramps of the lower extremities. 2. Associate with the claims folder records of the Veteran’s VA hospitalization in 1972. See VA Form 10-7131 dated March 1972. 3. Contact the Social Security Administration and obtain a copy of all decisions and all medical records relied upon in conjunction with any Veteran’s claim for Social Security Administration disability benefits including records dating back to an award in 1984. All efforts to obtain the Social Security records should be fully documented, and a negative response must be provided if any decisions and/or records are not available. 4. Schedule the Veteran for an examination by an appropriate clinician to determine whether he manifests any respiratory disability, to include asthma, attributable to service. Access to the electronic claims file must be made available to the examiner for review. The examiner should identify any current respiratory disorders, including whether or not the Veteran manifests asthma and/or allergic rhinitis, and, if so, whether it is at least as likely as not (i.e., probability of 50 percent) that any such disorder began in service or is attributable to service or any incident in service. In doing so, the examiner must consider (1) the Veteran’s claim that he had asthma in service and that he has asthma now and (2) the in service complaints of breathing problems and service personnel records discussing his breathing problems/asthma (see Military Personnel Record received February 11, 2015), a May 1966 letter from the U.S. Marine Corps to the Veteran’s parents (see Correspondence received (March 17, 2017), and a September 30, 1966 letter from Dr. R.A. (see Medical Treatment Record – Non-Government Facility received January 6, 2014). A complete rationale for any opinion should be provided. The examiner must not rely solely on the absence of a diagnosis or symptom in service as the basis for a negative opinion. It is also noted that the mere passage of time without treatment is not a sufficient basis for finding that no relationship between a current disability and service exists. Any opinion should be reconciled with the service treatment and personnel records, any post-service diagnoses, lay statements and testimony of the Veteran. If the lay evidence is rejected, an explanation must be provided. If an opinion cannot be made without resort to speculation, please state so and include an explanation for that conclusion. 5. Upon completion of the above requested development and any additional development deemed appropriate, the AOJ should readjudicate the remanded issues. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.S. Willie 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.