Citation Nr: 21029175
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 16-30 168
DATE: May 12, 2021

REMANDED

Entitlement to service connection for right hip bursitis is remanded.

Entitlement to an increased rating for degenerative joint disease of the right acromioclavicular joint is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1973 to August 1981, with additional Reserves and National Guard service. He served during a period of war and during peacetime. These matters are before the Board of Veterans' Appeals (Board) from a June 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded these matters for further evidentiary development in October 2018. 

In an August 2020 rating decision, the RO granted increased ratings for the Veteran's right shoulder disability; he is currently in receipt of a temporary 100 percent rating from November 25, 2019 to December 31, 2020. Because higher ratings are available for portions of the appeal period, the claim remains before the Board.

1. Entitlement to service connection for right hip bursitis, 

2. Entitlement to an increased rating for a right shoulder disability is remanded.

The Veteran contends he is entitled to service connection for right hip bursitis and to an increased rating for a service-connected right shoulder disability. In November 2020, he submitted a letter from the Social Security Administration (SSA) indicating that SSA determined he was disabled as of February 8, 2016. As a general matter, VA is required to obtain pertinent Federal government records, including medical records held by SSA. 38 C.F.R. § 3.159(c)(2). No SSA medical records are on file, however. Thus, a remand is needed so that all pertinent SSA records can be obtained.

The matters are REMANDED for the following action:

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1. Obtain the Veteran's federal records from the Social Security Administration, to include all underlying medical records supporting the finding that the Veteran was disabled for SSA purposes.  Document all requests for information as well as all responses in the claims file.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ryan, Associate 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.