Single Judge Application; the framework for constructive possession applies to § 3.156(b). See Lang v. Wilkie, 971 F.3d 1348, 1354 (Fed. Cir. 2020). “Evidence is constructively received by the VA adjudicator post-decision if it (1) was generated by the VA or was submitted to the VA and (2) can reasonably be expected to be connected to the veteran’s claim.” Id. (citing Monzingo v. Shinseki, 26 Vet.App. 97, 101-02 (2012) (per curiam)). “All relevant and reasonably connected VA-generated documents are part of a record, and therefore, constructively known by the VA adjudicator.” Id. (citing Bowey v. West, 11 Vet.App. 106, 108-09 (1998); Vet. Aff. Op. Gen. Couns. Prec. 12-95, 1995 WL 17875505, at *2). A veteran’s own medical records, generated by the VA itself, are always reasonably related to a veteran’s claims. Id. For this principle to apply, there is no requirement that the VA adjudicator have any actual knowledge of the evidence. Id.;

Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-6357
MIGUEL A. SOTO, APPELLANT,
V.
DENIS MCDONOUGH,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENBERG, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
GREENBERG, Judge: Vietnam War veteran Miguel A. Soto appeals, through counsel, a
May 21, 2019, Board of Veterans’ Appeals decision that denied an effective date earlier than July
27, 2004, for his service-connected major depressive disorder (MDD) with psychosis. Record (R.)
at 4-11. The appellant argues that the Board clearly erred when it failed to provide an adequate
statement of reasons or bases for denying the appellant’s claim because the Board did not
acknowledge or discuss the significance of a Privacy Act request the appellant had submitted to
his representative in June 2000. Appellant’s Brief at 7-13. For the following reason, the Court will
set aside the May 2019 Board decision on appeal and remand the matter for readjudication.
I.
The Veterans Administration was established in 1930 when Congress consolidated the
Bureau of Pensions, the National Home for Disabled Volunteer Soldiers, and the U.S. Veterans’
Bureau into one agency. Akct of July 3, 1930, ch. 863, 46 Stat. 1016. This Court was created with
the enactment of the Veterans’ Judicial Review Act (VJRA) in 1988. See Pub. L. No. 100-687, §
402, 102 Stat. 4105, 4122 (1988). Before the VJRA, for nearly 60 years VA rules, regulations,
2
and decisions lived in “splendid isolation,” generally unconstrained by judicial review. See Brown
v. Gardner, 513 U.S. 115, 122, (1994) (Souter, J.).
Yet, the creation of a special court solely for