Citation Nr: 21030503
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 18-49 994A
DATE: May 19, 2021

REMANDED

Whether new and material evidence has been received sufficient to reopen the claim for service connection for a right knee disability is remanded.

Whether new and material evidence has been received sufficient to reopen the claim for service connection for a left knee disability is remanded.

Whether new and material evidence has been received sufficient to reopen the claim for service connection for gastritis is remanded.

Entitlement to service connection for a right ankle disability is remanded.

Whether new and material evidence has been received sufficient to reopen the claim for service connection for a heart disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1968 to June 1970.  This matter came before the Board of Veterans Appeals (Board) on appeal from January 2018 and February 2018 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veteran's Law Judge during a May 2021 hearing.  

The Board notes that the Veteran has a separate pending appeal regarding the issues of service connection for sinusitis, vision and headache disabilities and an increased rating for a bilateral hearing loss disability, however that appeal is in the modernized appeals system and the Veteran has requested a hearing before a Veteran's Law Judge.  It is therefore not part of the current Legacy appeal and the issues will be addressed in a separate decision after the Veteran has had the opportunity for a hearing.

1. Whether new and material evidence has been received sufficient to reopen the claim for service connection for a right knee disability is remanded.

2. Whether new and material evidence has been received sufficient to reopen the claim for service connection for a left knee disability is remanded.

3. Whether new and material evidence has been received sufficient to reopen the claim for service connection for gastritis is remanded.

4. Entitlement to service connection for a right ankle disability is remanded.

5. Whether new and material evidence has been received sufficient to reopen the claim for service connection for a heart disability is remanded.

Evidence indicates that there may be outstanding relevant VA treatment records.  The most recent VA treatment records in the file date from May 2019, however at the May 2021 Board hearing, the Veteran reported that he has continued to receive VA treatment for the disabilities on appeal.  Any VA treatment records are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them.

The Veteran also reported at the Board hearing that he receives Social Security disability benefits, however the Board's review indicates that records from the Social Security Administration have not yet been obtained and associated with the claim file.  A remand is required to allow VA to request these records.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from May 2019 to the present.

2. Obtain the Veteran's federal records from the Social Security Administration.  Document all requests for information as well as all responses in the claims file.

3. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Arnold

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.