Citation Nr: 0735136 Decision Date: 11/07/07 Archive Date: 11/26/07 DOCKET NO. 02-19 370 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Joseph R. Moore, Attorney WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD James A. DeFrank, Associate Counsel INTRODUCTION The veteran served on active duty from October 1967 to December 1970. This case comes to the Board of Veterans' Appeals (Board) on appeal from an April 2002 decision by the RO in Pittsburgh, Pennsylvania, which denied service connection for PTSD. A video hearing was held before the undersigned in October 2003. A transcript is associated with the claims folders. In April 2004 the Board found that the veteran had submitted new and material evidence and the claim of entitlement to service connection for PTSD was reopened. Thereafter, the Board remanded the case for further development. In a January 2006 decision, the Board denied the veteran's claim of entitlement to service connection for PTSD. In July 2007, the veteran's representative and the Secretary of VA filed a Joint Motion for Remand which requested that the Board's January 2006 decision be vacated and remanded. In an order issued in July 2007, the United States Court of Appeals for Veterans Claims (CAVC) vacated the Board decision and remanded the matter to the Board for actions consistent with the Joint Motion for Remand. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The July 2007 Joint Motion agreed that a remand was required to comply with VA's duty to assist the veteran with the development of his claim. See 38 U.S.C.A. § 5103A(c) (West 2002); 38 C.F.R. § 3.159(c) (2007). The Joint Motion stipulated that the record showed that the veteran had been in receipt of Social Security disability benefits since 2001 for an unspecified psychiatric disorder. Pursuant to its statutory duty to assist, "VA has a duty to assist in gathering social security records when put on notice that the veteran is receiving social security benefits". Clarkson v. Brown, 4 Vet. App. 565, 567-68 (1993); see Murincsak v. Derwinski, 2 Vet. App. 363 (1992) (pursuant to duty to assist, VA must seek to obtain all pertinent records, including Social Security Administration (SSA) records, of which it is put on notice); Masors v. Derwinski, 2 Vet. App. 181, 187-88 (1992); 38 C.F.R. § 3.159 (1999). Accordingly, the case is REMANDED for the following action: 1. Obtain from the Social Security Administration all records pertinent to the veteran's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim. 2. The veteran's representative has asked for copies of any records obtained. Take the necessary steps to enable the representative to receive copies of these records. 3. If additional records are obtained, the claims file, including the newly obtained records, should be referred to the psychologist who provided the June 2005 VA psychiatric examination. The examiner should be asked to review the claims folder, including the new records, and opine as to whether the veteran at least as likely as not (50 percent probability or more) meets the criteria for a diagnosis of PTSD. If the veteran does meet those criteria, the missing criteria should be specified. If the examiner is not available, another psychologist or psychiatrist should review the record and provide the necessary opinion. 4. Thereafter, readjudicate the veteran's claim. If any benefit sought on appeal is not granted, issue a supplemental statement of the case, before returning the case to the Board, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ Mark D. Hindin Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).