Citation Nr: 21032457
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 16-45 084
DATE: May 27, 2021

REMANDED

Entitlement to service connection for right knee degenerative joint disease (DJD) and patellar enthesopathy is denied.

Entitlement to service connection for left knee DJD and patellar enthesopathy is denied. 

REASONS FOR REMAND

The Veteran had active duty service from the Army National Guard (ARNG) from March 1981 to August 1981 and from January 2003 to January 2004. 

This matter comes before the Board of Veterans' Appeals (Board) from an August 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In December 2018, the Board remanded this matter for a VA examination and to obtain additional treatment records.  

Upon review it appears another remand is necessary. A May 2020 Social Security Administration (SSA) Letter indicates that the Veteran filed a Social Security disability claim. Review of the record reveals that there was no request made by VA to obtain a copy of the SSA records associated with these claims. Such records are potentially relevant to the appeals. VA's duty to assist the Veteran particularly applies to relevant evidence known to be in the possession of the Federal Government, such as Social Security records; therefore, because the records from SSA may contain evidence pertinent to the issues on appeal, VA is obligated to obtain them. See 38 C.F.R. § 3.159 (c) (2) (2016); see also Murincsak v. Derwinski, 2 Vet. App. 363, 370-72 (1992); Collier v. Derwinski, 1 Vet. App.

The matters are REMANDED for the following action:

1. Request all Social Security disability benefits records from the SSA related to the Veteran's claim, including all medical records and copies of any decisions or adjudications, and associate them with the record. Any negative responses should be properly documented in the record, to include following the procedures outlined in 38 C.F.R. § 3.159(e). 

 

 

DUSTIN L. WARE

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.