The appellant sought service connection for multiple sclerosis and argued that the disease manifested within the presumptive period. The Court noted evidence suggesting symptoms may have begun around 1965, which was relevant to the seven-year presumptive period for multiple sclerosis. The critical issue, however, was procedural: the record indicated the veteran received Social Security Administration benefits, but VA did not obtain the underlying SSA records before adjudicating the claim. Relying on the duty to assist and then-existing precedent, the Court held that VA breached 38 U.S.C. § 5107(a) by failing to request those federal records. The Court remanded for procurement of the SSA records, readjudication on the complete record, and issuance of an adequate statement of reasons or bases.

If VA is on notice of potentially relevant Social Security Administration records, the duty to assist requires VA to obtain them before final adjudication of the claim.

A claimant’s mention of SSA disability benefits can trigger VA’s obligation to seek those records. Practitioners should treat SSA records as potentially crucial federal evidence, especially in presumptive service connection cases where onset timing is disputed.

The decision is an early and important duty-to-assist case explaining that VA must pursue relevant federal records once their existence is reasonably identified. It is especially useful where SSA records may corroborate disability onset, chronicity, or severity during a presumptive window.

Failing to obtain Social Security Administration records despite notice that they exist.

A veteran claims multiple sclerosis manifested within the statutory presumptive period and tells VA he receives SSA disability benefits. VA denies the claim without requesting the SSA file; under Lind, that omission supports remand.

Use this case to argue that VA must obtain SSA records whenever the file suggests they may contain relevant evidence. It is particularly useful in remand requests tied to onset, continuity, or presumptive-period evidence.

Murincsak v. Derwinski, Masors v. Derwinski, Murphy v. Derwinski, Godwin v. Derwinski, EF v. Derwinski, Fletcher v. Derwinski