Citation Nr: 21030661
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 17-21 058
DATE: May 19, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder to include mood disorder, post-traumatic stress disorder (PTSD), post-traumatic insomnia, depression, anxiety, adjustment disorder, paranoia, and spectrum psychotic disorder also claimed as claustrophobia is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from May 2001 to August 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.

During the March 2021 Board hearing, the Veteran testified that he was in receipt of Social Security Administration (SSA) benefits. He stated that he started to receive benefits in 2006 but received retroactive pay back to 2004. At the time of the hearing, he was still receiving benefits. An October 2008 letter was mailed to the SSA to request the Veteran's records. A November 2008 reply fax was received indicating that the Veteran was not entitled to disability or SSA benefits. The claims file includes correspondence about the Veteran receiving SSA, but the claims file does not include SSA records about his health. See e.g., February 2007 SSA Notice of Award letter; December 2007 SSA Benefit letter. Another attempt is required to allow VA to request these records consistent with 38 C.F.R. § 3.159. 

This matter is REMANDED for the following action:

1. Contact SSA and request a copy of any decision regarding disability benefits for the Veteran as well as the medical records upon which any such decision was based. All requests and responses, positive and negative, should be associated with the Veteran's electronic claims file. If the records cannot be located, a formal finding of unavailability should be associated with the Veteran's electronic claims file.

2. Thereafter, readjudicate the issue on appeal. 

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Harris, Attorney Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.