Citation Nr: 18142857
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 16-17 014
DATE:	October 17, 2018
REMANDED
Entitlement to a total disability rating for compensation based on individual unemployability due to service-connected disabilities (TDIU) is remanded. 
REASONS FOR REMAND
The Veteran had active service from June 1989 to August 1989, February 1990 to February 1994, and from May 1998 to December 1999.
1. TDIU 
The Veteran asserts than he is entitled to TDIU due to his service-connected disabilities, to include post-traumatic stress disorder (PTSD), back, fibromyalgia, and left knee disabilities.
The Veteran is currently scheduled for a VA examination for his service-connected back disorder.  See Exam Scheduling Request.  
The Veteran will undergo a new VA examination for his back disability.  The Veteran’s TDIU claim is tied to the Veteran’s back disabilities because the Veteran asserts that he is unemployable due to his service-connected disabilities.  The Board finds that the issue of an increased rating for the Veteran’s back disability is inextricably intertwined with the issue of entitlement to TDIU.  The Board will defer adjudication of the TDIU claim until the ongoing development on the back claim has been completed.  The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending the adjudication of the inextricably intertwined claim.  Harris v. Derwinski, 1 Vet. App. 180 (1991).  
Additionally, upon review, the Veteran has not had an examination which addresses whether his employability.  Given such, remand is warranted for such an examination.
In addition, the Veteran’s private and VA treatment records should be obtained. 
The matter is REMANDED for the following action:
1. Contact the Veteran and request that he either provide any outstanding relevant private treatment records, or completes a release for any private providers; if any releases are returned, attempt to obtain the identified records.  If any records requested are not ultimately obtained, notify the Veteran pursuant to 38 C.F.R.           § 3.159 (e) (2017).   
2. Obtain any outstanding VA treatment records, and associate them with the claims file.  If accomplished, this should specifically, include the new back examination report. 
3. Forward the claims file to the appropriate specialist for an opinion regarding the Veteran’s application for a TDIU.  After reviewing the entire claims file, particularly to include the VA examination reports of record and medical records obtained from the Social Security Administration, the examiner/s should provide a detailed explanation of the functional impairment caused by the Veteran’s service-connected disabilities.
(a)	The examiner/s should specifically discuss whether the service-connected symptoms reported by the Veteran, would render him unable to perform sedentary employment.  The examiner/s is also asked to discuss the cumulative impact of all of the Veteran’s service-connected disabilities on his ability to perform sedentary employment.
 
YVETTE R. WHITE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Lech, Counsel