BVA9503433 DOCKET NO. 93-08 007 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to service connection for panic attacks. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD P. Greif, Associate Counsel INTRODUCTION The veteran had active military service from May 1957 to August 1959. This matter came before the Board of Veterans' Appeals (Board) on appeal from a January 1992 rating decision from the No. Little Rock, Arkansas, Regional Office (RO) of the Department of Veterans Affairs (VA). In that rating decision the RO, among other things, denied the claim of entitlement to service connection for panic attacks (panic disorder). A RO hearing was held in June 1992. REMAND The veteran argues that his panic disorder had its onset in service. Specifically, he contends that in service he suffered a brain concussion which caused panic disorder. He claims that after service his symptoms continued. On the most recent VA examinations the examiner's alluded to seizure disorders as not being related to the veteran's brain concussion suffered in service. However, that issue has not been adjudicated by the RO. Moreover, it is unclear whether the veteran's panic disorder is separate or related to a seizure disorder. In any event, the RO has not addressed the seizure disorder issue. The veteran testified at the June 1992 RO hearing that he was treated by a private physician after his discharge from service. He indicated that he tried to recover the records, but was informed that the records were destroyed. It does not appear that the RO has attempted to obtain such records. It is unclear whether such records are available. The veteran submitted a letter from the Social Security Administration which stated that he was awarded disability benefits in September 1991. It does not appear that the RO has attempted to obtain the records used by the Social Security Administration in its determination to grant disability benefits. It has been resolved in numerous cases, essentially, that although the Social Security Administration (SSA) decisions are not controlling for purposes of VA adjudications, they are pertinent to the adjudication of a claim for VA benefits, and that the VA has a duty to assist in gathering SSA records when put on notice that the veteran is receiving SSA benefits. Collier v. Derwinski, 1 Vet.App. 413 (1991); Murincksak v. Derwinski, 2 Vet.App. 363 (1992); Masors v. Derwinski, 2 Vet.App. 180 (1992); and Brown v. Derwinski, 2 Vet.App. 444 (1992). The United States Court of Veterans Appeals (Court) has held that the duty to assist the veteran in obtaining and developing available facts and evidence to support his claim includes obtaining evidence from any source, and obtaining adequate VA examinations. Littke v. Derwinski, 1 Vet.App. 90 (1990). This duty also includes obtaining available evidence to support the claim. Murphy v. Derwinski, 1 Vet.App. 78 (1990). In view of the foregoing, the Board finds further development is in order to assist the veteran in the development of his claim. Therefore, the case is REMANDED to the RO for the following action: 1. The veteran should be requested to furnish the names of all health care providers who have treated him since his separation from service. After having obtained the appropriate releases, the RO should obtain copies of all private medical records not already on file, concerning treatment of the veteran. The RO should also obtain copies of any VA inpatient and outpatient reports, not already on file, concerning treatment of this veteran. If any records are not available, that fact should be annotated in the claims folder. 2. The RO should obtain and associate with the claims file legible copies of the Social Security Administration decision and supporting medical records not already on file, including all exhibits, which were considered when he was granted Supplemental Security Income (SSI) and all records of reexamination since that time. Murincsak. The veteran should be requested to provide any necessary releases to secure these documents. 3. Although the Board has not requested a VA examination(s), the RO, if it deems it appropriate, should schedule the veteran for any VA examination(s) that it believes will assist the VA in reaching an equitable decision. 4. After the foregoing, the RO should formally adjudicate the issue of entitlement to service connection for panic attacks, to include the question of whether a separate claim of service connection is warranted for a seizure disorder. Following completion of these actions and, if the decision remains unfavorable, the veteran and representative should be provided with a supplemental statement of the case and afforded a reasonable period of time in which to respond. Thereafter, in accordance with the current appellate procedures, the case should be returned to the Board for completion of appellate review. No action is required of the veteran until further notice is issued. JOAQUIN AGUAYO-PERELES Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. 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) (1993).