Maldero v. SHHS ( 1993 )

February 4, 1993 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 92-2095
VITO MALDERO,
Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
Before
Selya, Cyr and Boudin,
Circuit Judges.
Vito Maldero on brief pro se.
A. John Pappalardo, United States Attorney, William L.
Parker, Special Assistant United States Attorney, and Jessie M.
Klyce, Assistant Regional Counsel, Region I, Department of Health
and Human Services, on brief for appellee.
Per Curiam. We agree with the June 30, 1992
district court opinion and affirm for substantially the
reasons stated therein.
We reject claimant's argument that the ALJ did not
sufficiently develop the record because he did not obtain VA
and other records claimant has now presented for the first
time on appeal. The ALJ had sufficient records, including
reports from treating and consulting physicians, to make an
informed decision and inadequate reason to believe the VA
records would add significantly to the information already
presented. We have reviewed the records claimant has
presented for the first time on appeal and conclude they
would not likely have made a difference. A remand is not
warranted. Evangelista v. Secretary, 826 F.2d 136 (1st Cir.
1987).
Affirmed.