Citation Nr: 1323769 Decision Date: 07/25/13 Archive Date: 08/06/13 DOCKET NO. 05-37 734 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU). REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Robert E. P. Jones, Counsel INTRODUCTION The Veteran served on active duty from March 1963 to February 1967. This matter comes before the Board of Veterans' Appeals (Board) from a decision of the Department of Veterans Affairs (VA) Regional Office (RO). A review of the Veteran's virtual VA folder reveals that all documents in that folder have already been considered by the RO in adjudicating the Veteran's claim. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND A June 2011 Board decision denied the Veteran's claim for an increased rating for a pulmonary disability. This decision also determined that the evidence of record reasonably raised a claim for entitlement to TDIU and remanded that claim to the agency of original jurisdiction (AOJ). On remand the AOJ issued the appropriate VCAA letter to the Veteran and obtained the Veteran's updated VA treatment records. The AOJ then issued a supplemental statement of the case in April 2012. The record contains a July 2002 Railroad Retirement Board (RRB) hearing officer decision. This decision states that the Veteran had been awarded a disability annuity under the Railroad Retirement Act. The decision also states that the Veteran provided testimony at an oral hearing in June 2002. There is no indication that the RRB, a United States federal agency, has been contacted to obtain copies of the hearing transcript or the other evidence that the RRB considered in determining that the Veteran was disabled. These records are pertinent to the Veteran's claim and should be requested and considered in adjudicating the Veteran's TDIU claim. See 38 C.F.R. § 3.159(c)(2). In September 2011, the Veteran submitted a claim for an increased rating for his service-connected psychiatric disability and submitted a claim for service connection for bilateral hearing loss and tinnitus. The AOJ issued the Veteran an appropriate VCAA letter with regard to these claims in March 2012. However, the AOJ has yet to adjudicate these claims and they are inextricably intertwined with the Veteran's claim for TDIU. See Harris v. Derwinski, 1 Vet. App. 180 (1991) (holding that where a decision on one issue would have a " significant impact " upon another, and that impact in turn could render any appellate review meaningless and a waste of judicial resources, the two claims are inextricably intertwined). Accordingly, the Veteran's hearing loss, tinnitus, and psychiatric claims must be considered by the AOJ prior to adjudicating the TDIU claim. The Veteran's Virtual VA file contains VA treatment records dated as recently as October 4, 2011. The Veteran's updated VA treatment records should be obtained. Accordingly, the case is REMANDED for the following action: 1. Request copies of all VA treatment records dated from October 5, 2011 to present. 2. Request from the United States of America Railroad Retirement Board copies of any determination(s) and all records underlying any such determination(s) submitted or obtained in support of any claim for disability benefits submitted on behalf of the Veteran. All records/responses received should be associated with the claims file. If records are unavailable, the RRB should so indicate. If unsuccessful in obtaining such records, the Veteran should be accorded the opportunity to furnish such records directly to VA. 3. When the above actions have been accomplished, afford the Veteran an appropriate examination(s) to assess his ability/inability to work based on his service-connected disabilities. The VA examiner should thoroughly review the Veteran's claims file. This should be indicated in the VA examination report. The VA examiner is requested to indicate the impact of the service-connected disabilities on the Veteran's ability to obtain and retain employment. In other words, is it at least as likely as not that the Veteran is unable to obtain or retain substantially gainful employment due solely to his service-connected disabilities, either singly or in combination, taking into consideration his previous work experience, but not his age and nonservice-connected disabilities. The VA examiner should provide a complete rationale for all conclusions reached. 4. Adjudicate the Veteran's claim for an increased rating for his service-connected psychiatric disorder and his claims for service connection for bilateral hearing loss and tinnitus. 5. Thereafter, adjudicate all issues that are in appellate status and furnish the Veteran and his representative a supplemental statement of the case for all claims that remain less than fully favorable to the Veteran. The appellant has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). (CONTINUED ON NEXT PAGE.) This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ MICHAEL A. PAPPAS Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2012).