Citation Nr: 21031193
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 17-37 697
DATE: May 20, 2021

REMANDED

Entitlement to service connection for hepatitis C is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1973 to May 1974.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2021, the Veteran testified at a hearing before the undersigned. A transcript of the hearing is associated with the claims file.

1. Entitlement to service connection for hepatitis C is remanded.

Unfortunately, additional development of the Veteran's claim must be conducted prior to adjudication by the Board. The Board notes that relevant outstanding records have been identified and appropriate attempts should be made to obtain them. The Veteran's claims file indicates that he applied for disability benefits from the Social Security Administration (SSA). See February 2014 Martinez Community Based Outpatient Clinic Records. While SSA records are not controlling for VA determinations, they may be "pertinent" to VA claims. When VA is put on notice of the existence of relevant SSA records, it must seek to obtain those records before proceeding with the appeal. The Board finds that the Veteran's SSA records, particularly any medical records associated with the Veteran's file, may be relevant to the Veteran's claim for service connection. Thus, the Board finds that the Agency of Original Jurisdiction should contact the SSA and obtain and associate with the claims file copies of the Veteran's records regarding SSA benefits, including the medical records upon which any decision was based prior to adjudication of the Veteran's claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c)(2).

The matters are REMANDED for the following action:

1. The AOJ should undertake appropriate efforts to request from SSA any relevant information to include a copy of any decision awarding benefits and copies of any medical records upon which SSA may have based a decision. Document all requests for information as well as all responses in the claims file.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.M. Johnson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.