Citation Nr: 21041742
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-15 431
DATE: July 10, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1972 to June 1973.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office.  The case was previously before the Board in May 2019, when remanded for a VA medical opinion.

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety, is remanded.

A September 2020 record indicates that there may be outstanding and relevant Social Security Administration (SSA) records.  A March 2005 SSA Application for Disability Insurance Benefits included "Depression" as a diagnosis.   The September 2020 SSA Inquiry Results report showed that the Veteran is in current payment status under both Titles II and XVI of the Social Security Act with a disability onset date of December 31, 2000.  A remand is required to allow VA to request these records.  See Murincsak v. Derwinski, 2 Vet. App. 363 (1992) (holding that VA's duty to assist includes obtaining records from SSA and giving them appropriate consideration and weight in determining whether to award or deny VA disability compensation benefits).  In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture.

The matter is REMANDED for the following actions:

1. Obtain the Veteran's federal records from SSA, including disability determinations and medical records.  Document all requests for information as well as all responses in the claims file.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James Hekel

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.