Citation Nr: 18144619
Decision Date: 10/25/18	Archive Date: 10/24/18

DOCKET NO. 11-01 710
DATE:	October 25, 2018
REMANDED
Entitlement to an initial disability rating in excess of 30 percent prior to January 5, 2015, and in excess of 50 percent thereafter, for posttraumatic stress disorder (PTSD) is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1990 to May 1995.  In May 2017, he testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the proceeding is in the record.  The claims were previously before the Board in January 2018 when they were remanded for further development. 
1. Entitlement to an initial disability rating in excess of 30 percent prior to January 5, 2015, and in excess of 50 percent thereafter, for PTSD is remanded.
Remand is needed to obtain any outstanding records from the Social Security Administration (SSA).  In August 2015, VA requested records from the SSA National Record Center, which were obtained that same month.  While the records contained a September 2007 psychiatric review and a May 2014 disability report, these records do not include any disability determination.  In a September 2017 private examiner’s report, the Veteran stated that he was “working on obtaining Supplemental Security insurance disability,” which suggests that he still had a pending disability claim with SSA.  To ensure VA has a complete record upon which to base its ruling, remand is needed to obtain any outstanding SSA records.
2. Entitlement to a TDIU is remanded.
As the issue of entitlement to TDIU is inextricably intertwined with the Veteran’s increased rating claim, adjudication of the TDIU issue will be deferred until the increased rating issue is adjudicated.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1990).
Since the claims file is being returned it should be updated to include any outstanding VA treatment records.  See 38 C.F.R. § 3.159 (c)(2); see also Bell v. Derwinski, 2 Vet. App. 611 (1992).
The matters are REMANDED for the following action:
1. Obtain and associate with the claims file all outstanding VA treatment records regarding the Veteran dated from July 2018 to the present.
2. Take all appropriate action to obtain records from SSA, including a copy of its determinations concerning the Veteran’s claim for disability benefits, together with the medical records that served as the basis for any such determination.
3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined TDIU claim. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.
 
M. E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jack S. Komperda, Counsel