Citation Nr: 18157417
Decision Date: 12/13/18	Archive Date: 12/12/18

DOCKET NO. 07-39 337
DATE:	December 13, 2018
REMANDED
Entitlement to a compensable evaluation for a lumbar spine disability prior to December 23, 2013, and in excess of 40% disabling thereafter is remanded.
REASONS FOR REMAND
The Veteran served on active duty for training from January 1992 to July 1992, with additional service in the Army Reserve and Colorado Army National Guard.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision.  The Veteran testified before the undersigned during an August 2016 hearing.
This matter was previously before the Board in August 2017, when it was remanded for further development.  The issue of a total disability rating based on individual unemployability (TDIU) was included in the prior remand because it was raised by the record.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  In a September 2017 letter, the Veteran, through his representative, informed VA that he did not wish to pursue a claim for TDIU.  The issue was withdrawn in the Supplemental Statement of the Case (SSOC) issued August 2018.
In October 2011, VA received a request for medical records from the Social Security Administration (SSA) indicating the Veteran had filed a disability benefits claim.  When there has been a determination with regard to SSA benefits, the records concerning that decision must be obtained, if relevant.  Tetro v. Gober, 14 Vet. App. 100, 108-09 (2000); Murincsak v. Derwinski, 2 Vet. App. 363, 372 (1992).  There is no indication that SSA records have been requested.
The matter is REMANDED for the following action:
Request from the Social Security Administration (SSA) any records relating to any application filed by the Veteran for disability benefits.
 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Pitman, Associate Counsel