Citation Nr: 18149320
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 12-17 785
DATE:	November 9, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 10, 2011, based on extra-schedular consideration under 38 C.F.R. §4.16(b) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1975 to March 1999. 
This matter comes to the Board of Veteran’s Appeals (Board) from an October 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  
In August 2017, the Board denied the Veteran entitlement to a TDIU prior to May 10, 2011, based on extra-schedular consideration under 38 C.F.R. § 4.16(b).  Following this denial, the Veteran appealed to the United States Court of Appeals for Veterans Claims (CAVC).  In May 2018, the parties filed a Joint Motion for Remand, for further development of the matter.  The motion was granted and the issue was remanded by CAVC in May 2018. 
In response to the September 2018 90-day letter following the CAVC decision, in correspondence dated that same month, the Veteran waived the 90-day period and no new evidence was received.  See September 2018 Correspondence.
1. Entitlement to a TDIU prior to May 10, 2011, based on extra-schedular consideration under 38 C.F.R. § 4.16(b) is remanded.
In the Joint Motion for Remand, it was determined that the Board erred in failing to ensure VA complied with its duty to assist to request the Veteran’s Social Security Administration (SSA) records.  See May 2018 CAVC Decision.  
Therefore, the Joint Motion instructs that the Board’s August 2017 decision be vacated, and on remand, VA shall request the Veteran’s SSA claims file. 
The matter is REMANDED for the following action:
Obtain the Veteran’s SSA claims file.

 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	O. Onyeozili, Law Clerk