Citation Nr: 18140170
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 16-17 534
DATE:	October 2, 2018
REMANDED
Entitlement to a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Navy from January 1969 to January 1973.
Entitlement to a TDIU rating is remanded.
Evidence indicates that there may be outstanding relevant VA treatment records.  In an October 2016 statement, the Veteran reported that he has received treatment at the VA Medical Center in Tampa, Florida for an indefinite period of time, as he lived there at least half the time during a portion of his appeal even when his residence was officially in New York. These records are not associated with the claims file.
Any VA treatment records are within VA’s constructive possession, however, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them.
The Board also notes that the February 2016 statement of the case references VA outpatient treatment records from December 2009 through January 2016 as evidence, however theses records are not associated with the claims file for review by the Board and should be obtained and associated with the file on remand.
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records from Upstate New York for the period from August 2012 to present.
2. Obtain the Veteran’s VA treatment records from Tampa, Florida for the period from May 2013 to present.
 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. McDonald