Citation Nr: 21042263
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-09 672
DATE: July 12, 2021

REMANDED

Entitlement to service connection for a low back disability, to include lumbar stenosis, is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from April 1978 to June 1979.

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

The record reflects that an October 2019 Board letter notified the Veteran of his scheduled hearing as requested on his VA Form 9.  See Correspondence (October 2019). The Veteran failed to present for this hearing and has not reported good cause for his non-attendance or requested another hearing. Therefore, the hearing request is deemed withdrawn. See 38 C.F.R. § 20.704(d).

1. Entitlement to service connection for a low back disability, to include lumbar stenosis, is remanded.

2. Entitlement to service connection for an acquired psychiatric disability, to include PTSD, is remanded.

The Veteran seeks service connection for a lumbar spine disability and PTSD.

VA outpatient treatment records reflect that the Veteran receives disability benefits from the Social Security Administration (SSA).  No clear determination as to the availability of any records which may have been in the possession of the SSA has been made.  The Court has indicated that medical records upon which an award of Social Security disability benefits has been predicated are relevant to VA claims for service connection.  Murincsak v. Derwinski, 2 Vet. App. 363 (1992); see also Quartuccio v. Principi, 16 Vet. App. 183, 188 (2002) (possibility that SSA records could contain relevant evidence cannot be foreclosed absent a review of those records).  Accordingly, on remand, the RO should attempt to obtain any available SSA records, including any medical records the Veteran submitted in support of his claim.  

Additionally, VA outpatient treatment records reflect that the Veteran reported treatment by a private psychologist in Nevada who diagnosed him with PTSD.  VA and private treatment records note that the Veteran had a prior low back surgery, also in Nevada.  As these records have been reasonably identified, remand is necessary to afford the Veteran an opportunity to authorize release of these and any other relevant non-VA treatment to VA.38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c)(1).

The matters are REMANDED for the following action:

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

2. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for symptoms, treatment, or evaluation of lumbar spine and mental disabilities.  Make two requests for the authorized records from each identified provider, unless it is clear after the first request that a second request would be futile.

3. Readjudicate.

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E.D. Anderson, 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.