Citation Nr: 18131269
Decision Date: 08/31/18	Archive Date: 08/31/18

DOCKET NO. 16-00 872
DATE:	August 31, 2018
REMANDED
An initial compensable rating for bilateral plantar fasciitis is remanded.
An initial rating in excess of 50 percent for obstructive sleep apnea is remanded.
An initial rating in excess of 50 percent prior to August 7, 2014 for posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from May 2004 to October 2013.
1. Entitlement to an initial compensable rating for bilateral plantar fasciitis.
2. Entitlement to an initial rating in excess of 50 percent for obstructive sleep apnea.
3. Entitlement to an initial rating in excess of 50 percent prior to August 7, 2014 for PTSD.
Remand is required to obtain Social Security Administration (SSA) records. It is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim, including making reasonable efforts to obtain relevant medical records. 38 C.F.R. § 3.159(c)(1). The Veteran’s attorney indicated in November 2016 that the Veteran was in receipt of SSA disability benefits due specifically to his service-connected PTSD and sleep apnea. These records are of interest as they could include information regarding the evaluation of the Veteran’s bilateral plantar fasciitis, sleep apnea, and PTSD. Where there is actual notice to VA that the Veteran is receiving disability benefits from the SSA, VA has the duty to acquire a copy of the decision granting SSA disability benefits and the supporting medical documentation relied upon. Murincsac v. Derwinski, 2 Vet. App. 363 (1992).  
After this records development, the agency of original jurisdiction must perform any necessary development that results from this records development and then readjudicate the claims.
The matters are REMANDED for the following action:
Obtain the Veteran’s federal records from SSA.  Document all requests for information as well as all responses in the claims file.
 
CAROLINE B. FLEMING
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Thompson, Associate Counsel

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency


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