Citation Nr: 24017486 Decision Date: 04/24/24 Archive Date: 04/24/24 DOCKET NO. 17-38 027 DATE: April 24, 2024 REMANDED Whether new and material evidence has been presented to reopen a claim of entitlement to service connection for bipolar disorder is remanded. REASONS FOR REMAND The Veteran had active military service from January 1979 to January 1983. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In September 2021, the Veteran testified during a Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. In January 2022, November 2022, and August 2023 the Board remanded the claim for further development. Whether new and material evidence has been presented to reopen a claim of entitlement to service connection for bipolar disorder is remanded. The Board notes that a number of requests for service treatment records and post-service treatment records have been made since 1984, both by the RO and by the Board. However, the Board finds that another remand is required. Another review of the records reflects that the Veteran used not two social security numbers as indicated in prior Board remands, but three separate social security numbers in service: 358-XX-XXX (#1), 341-XX-XXXX (#2), and 346-XX-XXX (#3). While there are numerous incidents of multiple social security numbers located in the Veteran's claims file, to include multiple social security numbers on the same document, the Board will only refer to certain documents for the purposes of this remand. The Veteran's November 1978 report of medical examination contained social security #1, while his January 1979 enlistment paperwork contained social security #3. The Veteran's separation DD214 contained social security #2, and his separation orders contained social security #3. A May 1984 DD215 changed the social security number on his DD214 from #2 to #3. See March 2017 Military Personnel Record; March 2017 Certificate of Release or Discharge from Active Duty (2x); October 2021 Hearing Related. Furthermore, the Veteran provided social security numbers #1, #2, and #3 in two separate statements in support of his claim in July 1984 and May 1985. See July 1984 VA 21-4138 Statement in Support of Claim; May 1985 VA 21-4138 Statement in Support of Claim. Service records indicate the Veteran left active duty in January 1983. In December 1982, permanent change of station orders from Ft. Polk, LA, to Chicago, IL, were issued to the Veteran under social security #2, indicating that Chicago was the intended destination for the Veteran upon separation from service. The address in the December 1982 orders was the same address used for the Veteran's home of record in his enlistment documents. See March 2017 Military Personnel Record. A January 2006 statement in support of claim indicated that the Veteran received treatment for his mental disorder in the Chicago or Illinois area within one year of being discharged from active duty. See January 2006 VA 21-4138 Statement in Support of Claim. At the Veteran's September 2021 Board hearing, he testified that shortly after separation from service he resided in Chicago, IL, for approximately 5 years, followed by Los Angelos, CA. He further stated that he was diagnosed with bipolar disorder at Ft. Polk, Louisiana, while with HHC, 3rd BN, 11th Infantry, Fifth Infantry Division. See September 2021 Hearing Transcript. The Board notes that multiple attempts to obtain service treatment records and post-service treatment records have been made. Regarding service treatment records, efforts were made to obtain them using a number of combinations of social security numbers, time frames, and/or locations. In pertinent part, the Chicago VA requested service treatment records using social security #3 in May 1983. However, documents in August 1983 and December 1984 found they were still in transit to Chicago, IL. A January 1986 report of contact showed VA considered that records under social security #2 were still in transit but that records under social security #1 were found. See May 1983 VA 21-3101 Request for Information; June 1983 Third Party Correspondence; January 1986 VA 119 Report of Contact. Following the August 2023 Board remand, further attempts to obtain service treatment records and post-service treatment records were made using all three social security numbers and focusing on Ft. Polk, LA, during and after his service there. As a result of the Veteran's service treatment records being unavailable, VA has a heightened duty to assist the Veteran in obtaining evidence to substantiate his claim. Regarding Chicago VAMC post-service treatment records, efforts to obtain VA treatment records centered around requesting records from Chicago VAMC using social security #3 beginning in May 1983 and continuing through April 2013, to include multiple attempts using social security #3 with wrong digits. However, the Board notes that no attempts to obtain his Chicago VAMC records have been made using social security #1 or #2. The evidence overwhelmingly shows that the Veteran was in Chicago shortly after his service: the Veteran received orders following his discharge to Chicago, service treatment records were requested from Chicago VA, and he testified he received treatment for five years in Chicago after service. While multiple attempts over many years to obtain his Chicago VAMC post-service treatment records using social security #3 were made, as noted above, no requests under social security #1 or #2 were made. As such, attempts should be made to obtain Chicago VAMC records from January 1983 to December 1988 using both social security #1 and #2. Since the missing service treatment records and post-service VA treatment records could be determinative as to the issue of entitlement to service connection for bipolar disorder, the Board finds that additional attempts to obtain post-service treatment records from the Chicago VAMC must be made before a decision is rendered in this appeal. Additionally, the Board notes that the Veteran has experienced intermittent homelessness over the years. As his medical records have been difficult to obtain, the Board finds that a remand for any Social Security Administration (SSA) records should be requested. The matter is REMANDED for the following action: 1. Obtain any outstanding and identified VA and private treatment records and associate them with the claims file. 2. Conduct the appropriate development to obtain outstanding Chicago area VAMC records for the period from January 1, 1983, to December 31, 1988. Archived records should be searched. VA treatment record requests should be made under the following social security numbers: 358-XX-XXX and 341-XX-XXXX. For full social security numbers, see July 1984 VA 21-4138 Statement in Support of Claim and May 1985 VA 21-4138 Statement in Support of Claim. All attempts to obtain outstanding post-service treatment records should be documented in the claims file. In the event that Chicago area records under both of the listed social security numbers cannot be located, a memorandum of unavailability should be issued and associated with the file. 3. Obtain any outstanding SSA records and associate them with the claims file. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Garey 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.