Citation Nr: 21008427
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 15-43 907
DATE: February 17, 2021

REMANDED

Entitlement to service connection for a lumbar spine (low back) disorder is remanded.

REASONS FOR REMAND

The appellant is a veteran (the Veteran) who had active duty service from June 1978 to July 1982. This appeal comes before the Board of Veterans’ Appeals (Board) from an August 2020 Order of the United States Court of Appeals for Veterans’ Claims (Veterans Court).  The appeal originated from a March 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.

In an August 2019 decision, the Board denied this claim. The Veteran appealed the Board’s decision to the Veterans Court. In an August 2020 Order, pursuant to a Joint Motion for Remand, the Veterans Court vacated the Board’s August 2019 decision in part (affirming the grant of reopening), and remanded this issue back to the Board for additional development consistent with the Joint Motion.

Entitlement to service connection for a low back disorder.

The Board has previously denied this claim (Record 08/27/2019). The parties to the Joint Motion agreed that the Board did not make adequate efforts to obtain records from the Social Security Administration (SSA) that might be relevant to the claim. 

The parties agreed specifically that the Secretary failed to make reasonable attempts to obtain SSA records; and, because it appears the Veteran’s receipt of SSA benefits is partially based upon his lumbar spine issues, the SSA records may be relevant for Board consideration. Therefore, the parties agreed that remand was warranted to obtain SSA records (Record 08/07/2020).  

Additionally, in argument dated December 29, 2020, the Veteran’s representative asked specifically for the appeal to be remanded to the Agency of Original Jurisdiction (AOJ) to obtain the records from SSA (Record 12/29/2020).  

Accordingly, this matter is REMANDED for the following action:

1. Obtain any records regarding disability in the possession of SSA. If not available, document the attempts made to obtain the records. 

2. If any additional records are obtained, readjudicate the remanded claim. 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Cramp

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.