Citation Nr: 18155801
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 16-56 585
DATE:	December 6, 2018
REMANDED
Entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU) is remanded.
REASONS FOR REMAND
Entitlement to TDIU.
The Veteran contends that he cannot work due to service-connected disability.  The record shows that he is service connected for left knee disability (40%), right knee disability (30%), and lumbar spine disability (20%).  His combined rating is 70 percent from July 15, 2010.
To ensure that VA has met its duty to assist, remand is required.  38 C.F.R. § 3.159(c). In a June 2014 statement, the Veteran identified relevant outstanding private treatment records.  He reports that Dr. Lozman opined that his service-connected spine and knee disabilities prevent his employment, and noted that his last visit with Dr. Lozman was in February 2014.  However, the only records obtained from Dr. Lozman are from 2010.  Accordingly, the Board finds that remand is necessary to obtain medical records from Dr. Lozman for the timeframe between 2010 and 2014.
Additionally, the Board observes that there were material changes to the evidence following the issuance of the most recent Statement of the Case (SOC), but that no Supplement SOC was issued.  As remand is necessary to obtain outstanding medical evidence, the originating agency may thereafter prepare and issue a Supplemental SOC.  See 38 C.F.R. § 19.31.
The matter is REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for Dr. Lozman.  Make two requests for the authorized records dated from February 2010 to February 2014. unless it is clear after the first request that a second request would be futile.
2. Readjudicate and issue a Supplemental Statement of the Case.
 
C.A. SKOW
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Thaddaeus J. Cox, Associate Counsel