Citation Nr: 22017541 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 19-00 745 DATE: March 25, 2022 REMANDED Entitlement to an initial rating in excess of 50 percent for an acquired psychiatric disorder, characterized as major depressive disorder, is remanded. Entitlement to an initial rating in excess of 10 percent for a skin condition, characterized as acne keloidalis, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1995 to April 2000. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision issued by a Department of Veterans Affairs (VA) regional office. The Board denied these claims in a January 2020 Board decision, and the Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). The Court remanded the appeal back to the Board for action consistent with a Joint Motion for Partial Remand (Joint Motion) that was filed with the Court by the Veteran and the Secretary of Veterans Affairs. In May 2021, the Board remanded the appeal for action consistent with the Joint Motion. In a January 2022 rating decision, entitlement to service connection for hypertension, and entitlement to a total disability rating based on individual unemployability, effective November 21, 2016, the date that the Veteran stopped working, was granted. This is a full grant of the benefits claimed, and they are no longer on appeal. In May 2017, the Veteran submitted a VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs, on which he noted treatment at the Huntsville Hospital, a private healthcare facility. VA has a duty to make reasonable efforts to obtain relevant records not in the custody of a Federal department or agency, to include records from State or local governments, private medical care providers, current or former employers, and other non-Federal governmental sources. 38 C.F.R. § 3.159(c)(1). If VA makes reasonable efforts to obtain relevant non-Federal records but is unable to obtain them, or after continued efforts to obtain Federal records concludes that it is reasonably certain they do not exist or further efforts to obtain them would be futile, VA will provide the claimant with oral or written notice of that fact. VA will make a record of any oral notice conveyed to the claimant. 38 C.F.R. § 3.159(e)(1). Here, VA did not obtain the Veteran's records from the Huntsville Hospital because the submitted form had not been signed, and the record does not contain any indication that the Veteran was ever notified that those records could not be obtained. The appeal is remanded so additional efforts necessary can be made to obtain these records. Additionally, the record reflects that the Veteran applied for disability benefits from the Social Security Administration (SSA), and that his claim was denied. See SSA Profile and Benefit Data dated October 26, 2020. The record reflects that VA requested the Veteran's SSA records on November 3, 2020 and December 15, 2020, but those records are not in the claims file and there is no indication that VA concluded that the records do not exist or could not be obtained or notified the Veteran that they could not be obtained. See Requests for Medical Records dated November 3, 2020 and December 15, 2020; 38 C.F.R. §§ 3.159(c)(2), (c)(3), (e)(1). Therefore, on remand, any additional efforts necessary to obtain the Veteran's SSA records should also be made, and again, if it is concluded that the records do not exist or cannot be obtained, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e)(1). The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for the Huntsville Hospital. Make two requests for the authorized records from the Huntsville Hospital, unless it is clear after the first request that a second request would be futile. If, after reasonable efforts to obtain these records, it is determined that VA is unable to obtain them, notify the Veteran of that fact in accordance with 38 C.F.R. § 3.159(e)(1). 2. Obtain all Social Security Administration (SSA) records pertaining to the Veteran's claims for SSDI benefits. All attempts to obtain these records should be documented in the claims folder. Efforts to obtain the requested records should be ended only if it is concluded that the records sought do not exist or that further efforts to obtain those records would be futile. Because these are federal records, if they cannot be located or no such records exist, the Veteran should be notified of that fact in accordance with 38 C.F.R. § 3.159(e)(1). Mary E. Rude Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Banks, 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.