Citation Nr: 21011137
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 19-12 462
DATE: March 1, 2021

REMANDED

Whether new and material evidence has been received to reopen the claim of entitlement to service connection for a grand mal epilepsy is remanded.

Whether new and material evidence has been received to reopen the claim of entitlement to service connection for migraine headaches is remanded.

Entitlement to service connection for left shoulder impingement is remanded.

Entitlement to service connection for right shoulder impingement is remanded.

Entitlement to service connection for traumatic brain injury (TBI) is remanded.

Entitlement to Chapter 35 Dependents’ Educational Assistance (DEA) benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1993 to March 1995.

1. Whether new and material evidence has been received to reopen the claim of entitlement to service connection for a grand mal epilepsy is remanded.

2. Whether new and material evidence has been received to reopen the claim of entitlement to service connection for migraine headaches is remanded.

3. Entitlement to service connection for left shoulder impingement is remanded.

4. Entitlement to service connection for right shoulder impingement is remanded.

5. Entitlement to service connection for traumatic brain injury (TBI) is remanded.

The claims file contains documents indicating that the Veteran is receiving Social Security Administration (SSA) disability benefits.  These include an SSA letter received by VA in September 2017 and an SSA inquiry results document received in March 2020.  A review of the claims file reveals that the SSA disability decision, and the medical records upon which the decision was based, are not of record and have not been requested.  The Court of Appeals for Veterans Claims has held that VA’s duty to assist encompasses obtaining medical records that supported an SSA decision regarding disability benefits as they may contain information relevant to VA claims.  See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992).  The Veteran’s service connection claims must be remanded so that the SSA records can be obtained and reviewed.

6. Entitlement to Chapter 35 Dependents’ Educational Assistance benefits is remanded.

Eligibility for DEA benefits under 38 U.S.C. Chapter 35 is predicated on a finding of a total (100 percent) disability rating.  Consequently, the claim for DEA benefits is inextricably intertwined with the other issues on appeal.  Therefore, the claim for DEA benefits must be remanded pending the development and readjudication of the other claims on appeal.

The matters are REMANDED for the following action:

1. The RO should request copies of the Veteran’s updated VA treatment records.

2. Obtain and associate with the file all records pertaining to the Veteran concerning a claim for disability benefits from the Social Security Administration.  All attempts to obtain these records must be documented in the claims file.  If the records are unavailable, the Veteran and his representative are to be notified in order to allow the Veteran the opportunity to obtain and submit those records for VA review.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. E. Jones, 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.