Citation Nr: 18143516
Decision Date: 10/19/18	Archive Date: 10/19/18

DOCKET NO. 18-00 255
DATE:	October 19, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU), due to service connected disabilities is remanded.
REASONS FOR REMAND
The Board finds additional development is required before the Veteran’s claim is decided.
Missing Records
Initially, the Board observes that in April 2015 the Social Security Administration (SSA) indicated the Veteran’s complete SSA file was being provided; however, it does not appear the SSA provided the Veteran’s disability determination indicating whether he was found unable to obtain and maintain substantially gainful employment.  This determination may provide probative evidence that would assist in establishing his claim for entitlement to a TDIU.  As such, all indicated development must be effectuated to obtain these records.
TDIU
Next, the Board notes the Veteran has not undergone a VA general medical examination to assess the combined impact of all of his service connected disabilities.  On remand, the Veteran must be afforded a VA general medical examination.  Following examination, the examiner must provide an opinion which addresses the cumulative functional impairments caused by the Veteran’s service-connected disabilities, as well as how those impairments would impact upon both physical and sedentary employment. 
On remand, relevant ongoing medical records should also be obtained.  38 U.S.C. § 5103A (c) (2012); see also Bell v. Derwinski, 2 Vet. App. 611 (1992) (VA medical records are in constructive possession of the agency, and must be obtained if the material could be determinative of the claim). 
Accordingly, this case is REMANDED for the following actions: 
1.  Undertake appropriate development to obtain any outstanding records pertinent to the Veteran’s issue on appeal, to specifically include any more recent treatment records related to the Veteran’s service-connected disabilities, as well as the Veteran’s disability determination from the Social Security Administration.  If any requested records are not available, the record should be annotated to reflect such and the Veteran notified in accordance with 38 C.F.R. § 3.159 (e). 
2.  Then, the Veteran should be afforded a VA general medical examination to determine the current degree of severity of his service-connected disabilities.  Following examination, the examiner must provide a medical opinion addressing the occupational effects caused by the Veteran’s service-connected disabilities throughout the period of the appeal.  The examiner should provide concrete examples of functional impairments caused by the Veteran’s service-connected conditions, to include the medications taken for any disability.  The types of impairments the examiner should address include, but are not limited to, walking, sitting, lifting and standing limitations, impaired ability to interact socially, as well as problems with memory and concentration.  The examiner must discuss and consider the Veteran’s competent lay statements. 
In addition, the examiner should comment on whether there is a 50 percent or better probability that the Veteran’s service-connected disabilities, either alone or in concert, have been sufficiently disabling to preclude him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.
3.  Finally, undertake any other indicated development and then readjudicate the issue on appeal.  If the benefit sought on appeal is not granted to the Veteran’s satisfaction, the Veteran and his representative should be furnished an appropriate supplemental statement of the case and be afforded the requisite opportunity to respond.  Thereafter, the case should be returned to the Board for further appellate action. 
 
T. REYNOLDS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. Fraser, Counsel