Citation Nr: 21014413
Decision Date: 03/12/21	Archive Date: 03/12/21

DOCKET NO. 14-16 000A
DATE: March 12, 2021

REMANDED

Entitlement to a disability rating greater than 60 percent for gastroesophageal reflux disease (GERD)/ acid dyspepsia (claimed as stomach condition, peptic ulcer disease) is remanded.

Entitlement to a disability rating greater than 50 percent for panic disorder with agoraphobia (formerly rated as anxiety disorder with headache) is remanded. 

Entitlement to a disability rating greater than 30 percent for headaches is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from July 1973 to July 1976.

This matter comes before the Board on appeal from December 2009 and June 2010 decisions.  The claims were previously remanded by the Board in June 2018.    

A review of the claims file suggests there is an outstanding request for SSA records.  The claims file indicates there was an October 2, 2019 SSA inquiry.  The second page of the inquiry reports there was a disability that had its onset on June 1, 2001; but the SSI Disability Payment Code reports: “no disability determination made.”  

VA has a duty to assist claimants in obtaining evidence to substantiate a claim. 38 C.F.R. § 3.159(c).  VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. 38 C.F.R. § 3.159(c)(2).  The key word, however, is relevant.  The United States Court of Appeals for the Federal Circuit has specifically held that VA’s duty to assist is limited to obtaining relevant SSA records, and relevant records have been defined as “those records that relate to the injury for which the claimant is seeking benefits and have a reasonable possibility of helping to substantiate” the claim. Golz v. Shinseki, 590 F.3d 1317, 1321 (2010).

The provisions of 38 U.S.C. § 5106 require SSA to disclose information to VA regarding applications for VA benefits for the purposes of determining eligibility for or amount of benefits or verifying other information with respect thereto.  Such disclosures must be made in accordance with section 1106 of the Social Security Act (42 U.S.C. § 1306), the Privacy Act of 1974, as amended (5 U.S.C. § 552a), and SSA’s disclosure regulations at 20 C.F.R. § 401.150.  

To that extent, the claims must be remanded to obtain the outstanding relevant SSA records. 

The matters are REMANDED for the following action:

1. Obtain updated VA and private medical records and associate them with the claims file. 

2. Contact the SSA and request a copy of the relevant records in the Veteran’s SSA disability benefits file, including relevant associated medical records, and associate these records received with the claims file. 

All attempts to procure the records should be documented in the file.  If the records cannot be obtained, any negative responses should be associated with the claims file, and the Veteran and his attorney should be notified of unsuccessful attempts to obtain the records, in order to allow the Veteran the opportunity to obtain and submit those records for review.

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Wade

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.