Citation Nr: 21022664
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 15-17 540
DATE: April 19, 2021

REMANDED

Entitlement to service connection for bilateral foot disability is remanded.

Entitlement to service connection for an acquired psychiatric disorder is remanded.

Entitlement to service connection for bilateral shoulder disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1990 to October 1993.

These matters come to the Board of Veterans’ Appeals (Board) on appeal from a September 2012 rating decision made by the Agency of Original Jurisdiction (AOJ).  All the issues have previously been remanded by the Board, and the United States Court of Appeals for Veterans Claims previously granted a Joint Motion for Partial Remand regarding the bilateral shoulder disability claim.  The issues have been returned to the Board from the AOJ.  

1. Entitlement to service connection for bilateral foot disability is remanded.

2. Entitlement to service connection for an acquired psychiatric disorder is remanded.

3. Entitlement to service connection for bilateral shoulder disability is remanded.

A review of the Veteran’s medical records reveals he has applied for Social Security Administration (SSA) disability benefits and may have sought a disability retirement from the United States Postal Service (USPS).  See January 6, 2015 VA treatment record (appealed SSA claim “and did finally get all his information to the Postal Service pension board”).  VA has not sought records from SSA or USPS.  The Board acknowledges that these records are with a Federal facility and that VA has an increased obligation in regard to obtaining records in the custody of a Federal department or agency.  38 C.F.R. § 3.159(c)(2).  Moreover, some of these records are likely relevant to the Veteran's claim, as SSA considers all impairments when making determinations for disability benefits.  See 20 C.F.R. § 404.1520(a).  Accordingly, remand is warranted to obtain records from SSA and USPS.  

The matters are REMANDED for the following action:

1. Obtain the Veteran’s federal records from SSA and USPS.  Document all requests for information as well as all responses in the claims file.

2. If in light of the additional evidence obtained, the AOJ determines additional examinations or medical opinions are warranted, then such examinations and opinions should be scheduled and obtained.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Gregory T. Shannon, 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.