Citation Nr: 18152268 Decision Date: 11/21/18 Archive Date: 11/21/18 DOCKET NO. 17-07 241 DATE: November 21, 2018 ISSUES 1. Entitlement to an initial disability rating in excess of 50 percent for bipolar disorder. 2. Entitlement to a total disability evaluation based on individual unemployability (TDIU) due to the service-connected bipolar disorder. REMANDED Entitlement to an initial disability rating in excess of 50 percent for bipolar disorder is remanded. Entitlement to a TDIU is remanded. REASONS FOR REMAND The Veteran had active military service from August 1976 to December 1978. This case comes before the Board of Veterans’ Appeals (Board) on appeal of a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Board notes that that in March 2017 the Veteran’s attorney stated that the Veteran was entitled to a TDIU as related to his bipolar disorder. Therefore, the Board has listed the raised TDIU claim as an additional issue on appeal. Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board is of the opinion that additional development is required before the Veteran’s claims on appeal are decided. Review of the electronic claims file shows that a letter from May 2013 stated that the Veteran’s Security Administration (SSA) benefits were continuing. VA has a duty to obtain SSA records when it has actual notice that the Veteran is receiving SSA benefits. Murincsak v. Derwinski, 2 Vet. App. 363 (1992); see also 38 U.S.C. § 5103A (c)(3); 38 C.F.R. § 3.159 (c)(2); Diorio v. Nicholson, 20 Vet. App. 193, 199-200 (2006); Quartuccio v. Principi, 16 Vet. App. 183, 187 (2002). As such, these records should be requested on remand and associated with the Veteran’s claims file. The Veteran was most recently afforded a VA examination to evaluate his bipolar disorder in August 2013. The Veteran also submitted a mental disorders disability benefits questionnaire in June 2014. As the Veteran contends that his bipolar disorder has worsened, causing unemployability, the Board finds that remand is warranted to assess the current severity of the bipolar disorder. See Allday v. Brown, 7 Vet. App. 517, 526 (1995) (indicating that, where the record does not adequately reveal the current state of the claimant’s disability, fulfillment of the statutory duty to assist requires a contemporaneous medical examination, particularly if there is no additional medical evidence that adequately addresses the level of impairment of the disability since the previous examination). Finally, the Board notes that the issue of entitlement to TDIU is inextricably intertwined with the Veteran’s increased rating claim for bipolar disorder and is deferred. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matter is REMANDED for the following action: 1. Send the Veteran a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) and ask him to complete and return the form. 2. Obtain, directly from the SSA, and associate with the claims file complete copies of any determination on a claim for disability benefits from that agency as well as the records, including medical records, considered in adjudicating the claim. 3. Obtain and associate with the claims file any outstanding VA treatment records; and, with appropriate authorization from the Veteran, any additional outstanding private treatment records identified by him as pertinent to his claims. The Veteran and his attorney are to be notified of any unsuccessful efforts in this regard, in order to allow them the opportunity to obtain and submit any such records for VA review. 4. After the above development is completed, arrange for the Veteran to be afforded a VA examination in order to ascertain the current severity of the service-connected bipolar disorder. The claims file must be reviewed by the examiner, and any indicated studies should be performed. All appropriate diagnostics should be accomplished and all clinical findings should be reported in detail. Ensure that the examiner provides all information required for rating purposes, to include a discussion of the functional and occupational impact of the bipolar disorder. 5. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the claims on appeal. If any benefit sought on appeal remains denied, furnish the Veteran and his attorney with an appropriate supplemental statement of the case and afford a reasonable opportunity for response. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R.M.K., Counsel