Citation Nr: 18141422
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 15-41 519
DATE:	October 10, 2018
REMANDED
A rating in excess of 10 percent for degenerative disc disease of the lumbosacral spine.
An initial rating in excess of 70 percent for posttraumatic stress disorder (PTSD).
A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.
REASONS FOR REMAND
After the June 2016 and September 2016 supplemental statements of the case were issued, additional relevant VA treatment records (pertaining to all issues on appeal) and a January 2018 VA spine examination report were added to the claims file. No supplemental statement of the case (SSOC) was issued subsequently. 
Thus, the most recent SSOC was issued prior to the completion of all claim development action by the AOJ and therefore, the adjudication did not consider the additional VA examination and treatment record evidence. 
Therefore, this VA examination report and VA treatment record evidence must be considered by the AOJ in the first instance, and a remand is required in order to accomplish that. 38 C.F.R. §§ 19.37 (b), 20.1304(c).
Further, the Veteran’s VA treatment records reflect that he is in receipt of Social Security Administration (SSA) disability benefits but it is unclear why. As such, an attempt should be made to associate those records with the claims file. 
Finally, the record reflects that in June 2016 VA sent the Veteran a VA Form 21-8940 and requested that he complete and return it. To date, a completed VA Form 21-8940 has not been received. As such, on remand he should be afforded another opportunity to complete and return this form.
The matters are REMANDED for the following actions:
1. Send the Veteran a VA Form 21-8940 and request that he complete it and submit it.
2. Obtain and associate with the claims file the SSA disability benefits decision, to include the medical records on which that decision was based.
Thereafter, review the record, including all newly acquired evidence since the May and September 2016 SSOCs, including the January 2018 VA spine examination report and VA treatment records added to the record in 2017 and 2018, and readjudicate the claims. 
If any benefits sought on appeal remains denied, provide a supplemental statement of the case to the Veteran and his representative, and an appropriate period of time in 
 
which to respond. Then, return the appeal to the Board for appellate review.
 
L. HOWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Redman, Counsel