Citation Nr: 22014246 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 17-45 951 DATE: March 11, 2022 REMANDED Whether new and material evidence has been received to reopen the claim of service connection for sleep apnea is remanded. Whether new and material evidence has been received to reopen the claim of service connection for hypertension is remanded. Whether new and material evidence has been received to reopen the claim of service connection for diabetes mellitus, type 2 is remanded. Whether new and material evidence has been received to reopen the claim of service connection for residuals of a left leg injury is remanded. Whether new and material evidence has been received to reopen the claim of service connection for bilateral knee arthritis is remanded. Entitlement to service connection for left thigh numbness, to include as secondary to a lumbar strain is remanded. Entitlement to service connection for gout is remanded. Entitlement to service connection for depression is remanded. Entitlement to service connection for high cholesterol is remanded. Entitlement to an evaluation in excess of 20 percent for a lumbar spine disability is remanded. Entitlement to an evaluation in excess of 50 percent for bilateral plantar fasciitis with pes planus is remanded. Entitlement to an effective date prior to January 5, 2015 for the grant of a 50 percent rating for bilateral plantar fasciitis with pes planus is remanded. Entitlement to an effective date prior to December 26, 2013 for the grant of service connection for bilateral tinnitus is remanded. REASONS FOR REMAND The Veteran served in the United States Army October 1977 through April 1983. He was honorably discharged. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions from the Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland. During the pendency of the appeal, the Veteran died in March 2020, and the Veteran's surviving spouse has been properly substituted as the appellant in this matter. 1. Whether new and material evidence has been received to reopen the claim of service connection for sleep apnea is remanded. 2. Whether new and material evidence has been received to reopen the claim of service connection for hypertension is remanded. 3. Whether new and material evidence has been received to reopen the claim of service connection for diabetes mellitus, type 2 is remanded. 4. Whether new and material evidence has been received to reopen the claim of service connection for residuals of a left leg injury is remanded. 5. Whether new and material evidence has been received to reopen the claim of service connection for bilateral knee arthritis is remanded. 6. Entitlement to service connection for left thigh numbness, to include as secondary to a lumbar strain is remanded. 7. Entitlement to service connection for gout is remanded. 8. Entitlement to service connection for depression is remanded. 9. Entitlement to service connection for high cholesterol is remanded. 10. Entitlement to an evaluation in excess of 20 percent for a lumbar spine disability is remanded. 11. Entitlement to an evaluation in excess of 50 percent for bilateral plantar fasciitis with pes planus is remanded. 12. Entitlement to an effective date prior to January 5, 2015 for an evaluation of 50 percent for bilateral plantar fasciitis with pes planus is remanded. 13. Entitlement to an effective date prior to December 26, 2013 for the grant of service connection for bilateral tinnitus is remanded. Although regrettable, the Board finds that remand is required prior to adjudication of these claims. As an initial matter, it appears the Veteran was in receipt of Social Security Administration (SSA) disability benefits according to SSA profile and benefit data associated with the claims file in December 2021. Upon review, the Veteran's SSA records have not been associated with the claims file. As the records are potentially relevant to the issues on appeal, they must be requested. See Golz v. Shinseki 590 F.3d 1317 (Fed. Cir. 2010) (VA has an obligation to secure Social Security records if there is a reasonable possibility that the records would help to substantiate the Veteran's claim). Accordingly, SSA records should be obtained upon remand. The matters are REMANDED for the following action: Request and associate with the claims file all documents pertaining to any application by the Veteran for SSA disability benefits, including the medical records considered in deciding the claim. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Comninos, Georgio 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.