Citation Nr: 22002829 Decision Date: 01/20/22 Archive Date: 01/20/22 DOCKET NO. 18-23 358 DATE: January 20, 2022 REMANDED Service connection for end stage renal disease, status post kidney transplant, is remanded. Service connection for a right eye disability, to include as secondary to end stage renal disease, status post kidney transplant, is remanded. Service connection for an acquired psychiatric disorder, to include as secondary to end stage renal disease, status post kidney transplant, and a right eye disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1982 to October 1986. This matter is on appeal to the Board of Veterans' Appeals from a May 2013 rating decision. In August 2021, the Veteran testified regarding it at a hearing before the undersigned Board Veterans Law Judge. End Stage Renal Disease, Status Post Kidney Transplant; Right Eye Disability; Acquired Psychiatric Disorder Post-service VA and private treatment records document the Veteran's diagnosis of end stage renal disease, for which he underwent a kidney transplant. These records also document diagnosis of a right eye disability and an acquired psychiatric disorder. The Veteran contends he had allergies during service which were misdiagnosed as other conditions. He believes taking the antibiotics prescribed to treat them damaged his kidneys, specifically by scarring them. He further contends that this damage worsened over time, ultimately resulting in high blood pressure which caused a right eye disability. Finally, the Veteran contends his acquired psychiatric disorder developed because of his kidney and right eye problems. Before proceeding with adjudication, additional development is needed regarding service connection for end stage renal disease, status post kidney transplant. Very few relevant post-service private treatment records are available. They primarily consist of 4 pages from Brockton Hospital. Yet available VA treatment records indicate that the Veteran was admitted there on several occasions. These records also reveal that his kidney transplant was performed at Tampa General Hospital in 2012 and that this facility was to continue providing predominant care and medication management thereafter. However, there are no records whatsoever from it. The same is true of Massachusetts General Hospital despite VA treatment records reflecting that most of the Veteran's fragmented care prior to his transplant was provided there. Private physicians for his renal issues and allergies/ear congestion additionally were referenced in them, though no further details were provided. A June 2007 hospitalization in Florida finally was mentioned. Efforts must be made to obtain the aforementioned private treatment records. While the Veteran's representative suggested they likely would not be successful at the hearing, this was based on a mistaken belief that the records are dated from 2004 and prior. The hearing also revealed that the Veteran has been on Social Security disability, he believes since around 2002. He does not remember why he was deemed disabled, but he thinks he informed decision makers all about his renal disease. It follows that they may be relevant. The Veteran's representative believes obtaining records from the Social Security Administration (SSA) would not be helpful because they are dated too far after service. However, currently there are no other records concerning the course of the Veteran's end stage renal disease before the late 2000's. SSA records, if relevant, accordingly would be helpful. This matter further is already being delayed for the procurement of other records. Since adjudication will not be forthcoming anyhow, efforts also must be made to obtain SSA records to ensure the evidence is fully developed. Regarding all issues comprising this matter, efforts finally must be made to obtain the Veteran's updated VA treatment records. Those available currently are dated only into August 2021. For service connection for a right eye disability, it lastly is notable that adjudication hinges on the outcome of adjudicating service connection for end stage renal disease, status post kidney transplant. Adjudication of service connection for an acquired psychiatric disorder similarly hinges on the outcomes of adjudicating service connection for end stage renal disease, status post kidney transplant, and for a right eye disability. The right eye disability issue is inextricably intertwined with the end stage renal disease issue and the acquired psychiatric disorder issue is inextricably intertwined with the end stage renal disease and right eye disability issues, in other words. As such, the end stage renal disease issue must be adjudicated first, followed by the right eye disability issue, and then the acquired psychiatric disorder issue. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). This matter is REMANDED for the following action: 1. Follow established procedure for obtaining: (a) the Veteran's SSA records, (b) his VA treatment records dated from August 2021 to present, and (c) any relevant private treatment records that are sufficiently identified by him or his representative. Such relevant private treatment records include, but are not limited to, those from: (a) Brockton Hospital, (b) Tampa General Hospital, (c) Massachusetts General Hospital, (d) a June 2007 hospitalization in Florida, and (e) private physicians addressing his renal issues and allergies/ear congestion. 2. Then readjudicate service connection for end stage renal disease, status post kidney transplant, followed by service connection for a right eye disability and finally service connection for an acquired psychiatric disorder. . If any issue remains denied, follow established procedure for returning it to the Board. Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Becker 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.