Citation Nr: 22051116
Decision Date: 09/08/22	Archive Date: 09/08/22

DOCKET NO. 18-32 025
DATE: September 8, 2022

REMANDED

Entitlement to service connection for allergies is remanded.

Entitlement to service connection for an ear infection is remanded.

Entitlement to service connection for insomnia is remanded.

Entitlement to service connection for residuals of an ant bite tachycardia is remanded.

Entitlement to service connection for feet fungus is remanded.

REASONS FOR REMAND

The Veteran had active-duty service in the United States Army from September 1979 to January 1980.  He had additional active duty training and inactive duty training with the National Guard.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ) in July 2022.  A transcript of that hearing has been associated with the claims file.  

1. Entitlement to service connection for allergies is remanded.

2. Entitlement to service connection for an ear infection is remanded.

3. Entitlement to service connection for insomnia is remanded.

4. Entitlement to service connection for ant bite tachycardia is remanded.

5. Entitlement to service connection for feet fungus is remanded.

All issues: The Veteran seeks service connection for allergies, an ear infection, insomnia, an ant bite, and feet fungus.

The record reflects that the Veteran has applied for 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.  

The Board also notes that at his July 2022 hearing, the Veteran provided additional details about his National Guard service.  Additionally, an NGB Form 22 has been submitted.  It is possible that this new information will allow the RO to successfully obtain additional service treatment records from the Veteran's period of service in the National Guard.  Accordingly, on remand, a new search for the Veteran's service treatment records should be conducted.  

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from July 2022 to the Present.

2. 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.

3. Obtain the Veteran's complete service treatment records, to include documents pertaining to any service in the Army National Guard.  The Veteran should be requested to submit any records that he may have in his possession.  The RO should exhaust all possible sources of the Veteran's service treatment records to include, but not limited to, requesting records from the Adjutant General of Puerto Rico, specific units indicated by the record, the National Guard Bureau and the Records Management Center.  Document all requests for information as well as all responses in the claims file.

 

 

Jennifer White

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.