ÿþCitation Nr: 18117478

Decision Date: 07/10/18	Archive Date: 07/10/18



DOCKET NO. 15-01 609

DATE:	July 10, 2018

REMANDED

Entitlement to service connection for degenerative joint disease (DJD) of the lumbar spine (claimed as spinal stenosis) is remanded.

Entitlement to service connection for cervical neck, degenerative joint disease, status post anterior discectomy with fusion with residuals (neck disorder) is remanded.

REASONS FOR REMAND

The Veteran served in the United States Air Force from December 1971 to September 1991.  The matters are on appeal from August 2010 and December 2012 rating decisions.  The Veteran testified in an August 2017 Travel Board hearing. 

Entitlement to service connections for DJD of the lumbar spine (claimed as spinal stenosis) and for a neck disorder are remanded.

The Veteran was afforded two VA examinations for the DJD of the lumbar spine and neck disorder service connection claims.  The first VA examination in August 2010 was only for DJD of the lumbar spine.  Here, the Veteran reported that he had retired from his occupation as a horticulturalist and went on Social Security disability due to his lumbar spine condition.  The second VA examination in November 2012 was for both his lumbar spine condition and neck disorder claims.  Here, again, the Veteran reported that he had retired due to his lumbar spine condition, and retired with Social Security disability.  

However, there are no Social Security Administration (SSA) records associated with the Veteran s file, nor any efforts noted by VA to retrieve these records.  As the SSA records may contain statements and medical records regarding the history and symptomatology to help decide the remaining claims or issues on appeal, the Board finds that a remand for SSA records is necessary.  

The matters are REMANDED for the following action:

1. Obtain a copy of any SSA decision awarding disability benefits for the Veteran, copies of all treatment (medical) records upon which any such SSA disability benefit award was based, and a copy of any medical records associated with any subsequent disability determinations by SSA.  Efforts to obtain all these records should be associated with the claims file, and requests for these records should continue until the AOJ determines that the records sought do not exist or that further efforts to obtain those records would be futile.  The AOJ should notify the Veteran in accordance with 38 C.F.R. 

§ 3.159(e) if the records are unavailable.  Any records obtained should be associated with the claims file.

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2. Readjudicate the appeal.

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans  Appeals

ATTORNEY FOR THE BOARD	J. Lee, Associate Counsel




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