Citation Nr: 18153284 Decision Date: 11/28/18 Archive Date: 11/27/18 DOCKET NO. 16-30 916 DATE: November 28, 2018 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1969 to November 1973 with prior inactive service. This case comes before the Board of Veterans’ Appeals (Board) from a July 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). A September 2014 rating decision decreased the rating of the Veteran’s service-connected ischemic heart disease from 60 percent to 30 percent. The Veteran filed a timely notice of disagreement and indicated that he sought only a restoration of the 60 percent rating. The RO restored the Veteran’s 60 percent rating in a June 2016 rating decision. As such, the claim is no longer before the Board. Entitlement to a TDIU is remanded. The Veteran has essentially contended that his service-connected heart condition prevents him obtaining and maintaining substantially gainful employment. Generally, total disability will be considered to exist when there is present any impairment of mind or body that is sufficient to render it impossible for the average person to follow a substantially gainful occupation. 38 C.F.R. § 3.340. Total disability ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent disability evaluation, or, with less disability, if certain criteria are met. Id. Where the schedular rating is less than total, a total disability rating for compensation purposes may be assigned when the disabled person is considered to be unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more, or if there are two or more disabilities, there shall be at least one ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. §§ 3.340, 3.341, 4.16(a). The Veteran’s service-connected disabilities include: (i) status post coronary artery bypass graft with scar rated as 60 percent disabling; (ii) ischemic heart disease rated as 60 percent disabling; (iii) prostate cancer rated as 20 percent disabling; (iv) three scars associated with right hand lacerations rated as noncompensable); (v) erectile dysfunction rated as noncompensable; and (vi) surgical scar rated as noncompensable. His combined schedular disability rating is 80 percent prior to May 1, 2015, and 70 percent thereafter. As such, he meets the threshold criteria for entitlement to a TDIU throughout the appeal period. In Murincsak v. Derwinski, 2 Vet. App. 363, 370 (1992), the United States Court of Appeals for Veterans Claims (Court) found that VA’s duty to assist specifically included requesting information from other Federal departments. The Court has further held that VA must obtain SSA records which may have a bearing on claims for VA benefits. See Waddell v. Brown, 5 Vet. App. 454 (1993); Clarkson v. Brown, 4 Vet. App. 565 (1993); Shoemaker v. Brown, 3 Vet. App. 519 (1993). As identified in a November 2018 informal hearing presentation submitted by the Veteran’s representative, the September 2014 rating decision and June 2016 statement of the case indicate that pertinent SSA Disability Benefits and Vocational Rehabilitation Program records were unavailable. However, the record does not show any attempts by the RO to obtain such nor does it reflect any negative responses pertaining to the availability of such. As these records could provide relevant evidence pertaining to the claim for a TDIU, remand is required to attempt to obtain any available SSA records and Vocational Rehabilitation Program records. See Golz v. Shinseki, 590 F.3d 1317, 1320-1321 (Fed. Cir. 2010); Pub. L. 92-198; 38 C.F.R. § 3.262(f) (2017). In addition, the Veteran’s representative indicated there may be outstanding VA and private treatment records dated since the Veteran’s retirement pertinent to the Veteran’s claim. Therefore, all available, outstanding medical records should be obtained on remand. Finally, the Board finds an addendum opinion that addresses the functional impact the Veteran’s service-connected disabilities, in combination, had on his employability, with consideration of his education level, prior vocational training, work experience, and vocational history. The matters are REMANDED for the following actions: 1. Any determination pertinent to a claim for SSA benefits, as well as any medical records relied upon concerning that claim, should be obtained from SSA and associated with the record. In addition, any records concerning a VA Vocational Rehabilitation Program should be obtained and associated with the record. All reasonable attempts should be made to obtain such records. If they cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. The Veteran should be given an opportunity to identify any outstanding VA and private treatment records relevant to his claim. After obtaining any necessary authorization from the Veteran, obtain all outstanding records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the file. The Veteran must be notified of the attempts made and why further attempts would be futile and allowed the opportunity to submit such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 3. Forward the record, to include a copy of this Remand, to an appropriate VA medical professional to obtain an addendum opinion regarding the functional impact of the Veteran’s service-connected disabilities, in combination, on his employability. The need for another examination is at the discretion of the examiner. Following review of the record, the examiner is requested to describe the functional impact of the Veteran’s service-connected disabilities: status post coronary artery bypass graft with scar; ischemic heart disease; prostate cancer; three scars associated with right hand lacerations; erectile dysfunction; and surgical scar, in combination, on his ability to work, considering his education level, prior vocational training, work experience, and vocational history. (Continued on the next page)   A rationale should be provided for any opinion offered. If the examiner is unable to provide an opinion without resorting to speculation, then the examiner shall explain the inability to provide an opinion, identifying precisely what facts could not be determined. In particular, the examiner shall comment on whether an opinion could not be provided because the limits of medical knowledge have been exhausted or whether additional testing or information could be obtained that would lead to a conclusive opinion. (The AOJ shall ensure that any additional evidentiary development suggested by the examiner be undertaken with the goal so that a definite opinion can be obtained.) M. M. CELLI Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Daniels, Associate Counsel