Citation Nr: 18157445
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 17-37 171
DATE:	December 12, 2018
REMANDED
Entitlement to a total disability evaluation based on individual unemployability due to service connected disabilities (TDIU) is remanded.
Entitlement to a compensable rating for a healed mid-distal left femur shaft fracture prior to February 27, 2018, and a rating in excess of 20 percent disabled thereafter, is remanded.
Entitlement to a compensable rating for a healed mid-distal right femur shaft fracture prior to February 27, 2018, and a rating in excess of 20 percent disabled thereafter, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1943 to March 1945.
The Board notes that the Veteran’s October 2018 application raised the issue of entitlement to TDIU based on the disabilities at issue in this appeal.  Therefore, the Board will consider a claim for entitlement to TDIU.  See Clemons v. Shinseki, 23 Vet. App. 1, 9 (2009).


1. Entitlement to a TDIU rating is remanded.
The Veteran’s October 2018 application for entitlement to a TDIU rating indicates that there are outstanding, relevant private medical records at Viera Outpatient Clinic of the Parrish Medical Center.  The Board notes that the Veteran’s step-daughter signed the release form for these medical records.  In order to obtain these medical records, VA by law either requires an authorization form signed by the Veteran, or a power of attorney reflecting authorization for the Veteran’s step-daughter to request release of these medical records.
Additionally, the Board notes that the Veteran’s representative may obtain these records and submit them to VA for consideration.
2. Entitlement to a compensable rating for a healed mid-distal left femur shaft fracture prior to February 27, 2018, and a rating in excess of 20 percent disabled thereafter, is remanded.
3. Entitlement to a compensable rating for a healed mid-distal right femur shaft fracture prior to February 27, 2018, and a rating in excess of 20 percent disabled thereafter, is remanded.
The Board defers the claims of increased ratings for healed mid-distal left and right femur shaft fractures as the private medical records relevant to the claim for a TDIU rating appear to also be relevant to these issues.
The matters are REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for any treatment records dated since January 2018 from Viera Outpatient Clinic of the Parrish Medical Center.  Alternatively, obtain a power of attorney authorizing the Veteran’s step-daughter the ability to make this request on his behalf.  Make two requests for the authorized records from the treatment provider(s) identified by the Veteran, unless it is clear after the first request that a second request would be futile.  All attempts to procure the records should be documented in the file.  If the records cannot be obtained, any negative responses should be associated with the claims file, and the Veteran and his representative should be notified of unsuccessful attempts to obtain the records, in order to allow the Veteran the opportunity to obtain and submit those records for review.

 
T. MAINELLI
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Howell, Associate Counsel