Citation Nr: 18151184 Decision Date: 11/19/18 Archive Date: 11/16/18 DOCKET NO. 16-31 269 DATE: November 19, 2018 REFERRED ISSUES On February 29, 2016, the Veteran submitted a VA Form 21-526b, Veteran’s Supplemental Claim for Compensation, requesting an increase for posttraumatic stress disorder. In August 2016, the Veteran submitted a VA Form 21-526b requesting to reopen a claim of entitlement to service connection for bilateral hearing loss. As these claims are not currently developed or certified for appellate review, they are referred for development and adjudication. At his March 2017 hearing, the Veteran arguably raised a claim of entitlement to an increased rating for diabetes, and a claim to reopen the issue of entitlement to service connection for peripheral neuropathy of the lower extremities secondary to diabetes. As these claims are not currently developed or certified for appellate review, they are also referred for appropriate action, to include requesting a formal claim from the Veteran. REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1967 to October 1969. On December 1, 2015, VA furnished a statement of the case addressing entitlement to a higher rating for posttraumatic stress disorder. As the rating decision at issue was promulgated in October 2011, the appellant had 60 days to perfect his appeal. 38 U.S.C. § 7105. Significantly, no correspondence from the Veteran was received until February 29, 2016, i.e., more than 60 days after the December 1, 2015 statement of the case was issued. Hence, while a new claim for an increase is referred, the October 2011 rating decision is final, and that issue is not on appeal. Id. In November 2016, a statement of the case was furnished on the issues of entitlement to service connection for peripheral neuropathy of both lower extremities. Thereafter, the Veteran did not perfect a timely appeal. Hence, they are not currently for consideration. As discussed above, however, they are referred herein for additional action. In March 2017, a videoconference hearing was held before the undersigned Veterans Law Judge. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities In July 2014, VA denied entitlement to a total disability rating based on individual unemployability. The Veteran disagreed and perfected this appeal. The Veteran contends he is unemployable due to service-connected disabilities, namely posttraumatic stress disorder and diabetes. Currently he does not meet the schedular requirements for individual unemployability benefits. See 38 C.F.R. § 4.16(a). As set forth, there are pending claims for increase and the issue of entitlement to individual unemployability benefits is inextricably intertwined with those claims. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (issues are “inextricably intertwined” when a decision on one issue would have a “significant impact” on a Veteran’s claim for the second issue). Additional development is also needed. At the hearing, the Veteran testified that he continues to receive treatment at the VA and at a Vet Center. Updated records should be obtained. 38 C.F.R. § 3.159(c)(2). The Veteran further testified that he was on occupational disability from his last job and that when he turned 65 he retired. Information from his former employer indicates he was separated based on disability in July 1992. Efforts should be made to obtain any records related to disability retirement. 38 C.F.R. § 3.159(c)(1). The matter is REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from November 2016 to present. Additionally, secure all treatment records from the Vet Center in Toledo, Ohio since May 2014. Document all requests for information as well as all responses in the claims file. If the AOJ cannot locate any Federal records requested herein, it must specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. The AOJ must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claim. The claimant must then be given an opportunity to respond. 2. Ask the Veteran to complete a VA Form 21-4142 to release all pertinent records from his previous employer related to any disability retirement. After authorization is received, request relevant records. Document all requests for information as well as all responses in the claims file. 3. Following the completion of any additional appropriate development, to include VA examinations and adjudication of all referred issues, readjudicate the claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. DEREK R. BROWN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Carsten, Counsel