Citation Nr: 18151019
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 16-42 228
DATE:	November 16, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
REASONS FOR REMAND
The Veteran had active duty service from April 1968 to April 1972.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  This case stems from an Application for TDIU, VA Form 21-8940, received on August 28, 2014.
Service connection for PTSD was established in an April 2014 rating decision, which noted that the Veteran underwent a VA PTSD examination on April 2, 2014.  A copy of that examination report is not associated with the claims file and such evidence is vital to the adjudication of this claim.  A remand is therefore necessary in order to obtain a copy of that VA examination report.  Also, on remand, the any outstanding VA treatment records should also be obtained.  See 38 U.S.C. § 5103A(b), (c); 38 C.F.R. § 3.159(b); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016) (where the Veteran “sufficiently identifies” other VA medical records that he or she desires to be obtained, VA must also seek those records even if they do not appear potentially relevant based upon the available information); Bell v. Derwinski, 2 Vet. App. 611 (1992).
Additionally, the Veteran is shown in his VA treatment records to be on “Social Security” income during the appeal period; it is unclear whether receipt of such benefits is due to his age or based on disability.  During the remand, the AOJ should additionally attempt to obtain any pertinent records from the Social Security Administration with respect to the Veteran’s unemployability.  See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010); see also Baker v. West, 11 Vet. App. 163, 169 (1998).
The matter is REMANDED for the following action:
1. Obtain a copy of the April 2, 2014 VA PTSD examination report and associate that document with the claims file.  
2. Obtain any and all VA treatment records not already associated with the claims file from the Kansas City VA Medical Center, or any other VA medical facility that may have treated the Veteran and associate those documents with the claims file.
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3. Obtain from the Social Security Administration, or other state agency administering disability benefits, the records pertinent to the Veteran’s claim for disability benefits as well as the medical records relied upon in considering such a claim. Any negative search should be noted in the record and communicated to the Veteran. Additionally, in the event records are not obtained, if it is determined that additional research requests would be futile, then a memorandum of unavailability should be drafted and added to the record.
 
JAMES G. REINHART
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Peters, Counsel