Citation Nr: 18160948 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 15-16 542 DATE: December 28, 2018 REMANDED Entitlement to a higher rating in excess of 10 percent for service-connected cervical fusion, during the period from April 1, 2011 is remanded. Entitlement to a higher initial rating in excess of 30 percent for service-connected acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and adjustment disorder with anxiety and depression prior to December 4, 2014 is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to April 22, 2013 and since September 27, 2016 is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1989 to August 1996. A videoconference hearing was held in July 2015 before the undersigned Veterans Law Judge (VLJ) of the Board, and a transcript of this hearing is of record. The procedural history of this case is a lengthy one, involving an initial remand by the Board for further development in November 2015. Then, in a May 2017 decision, the Board awarded a rating of 50 percent for an acquired psychiatric disorder from December 4, 2014 and denied entitlement to a rating in excess of 30 percent for the period prior to December 4, 2014. In addition, the Board remanded the remaining claims on appeal. Thereafter, the Veteran filed an appeal to the United States Court of Appeals for Veterans Claims (Court). In May 2018, the Veteran’s then-attorney and VA’s General Counsel filed a Joint Motion for Partial Remand (Joint Motion) with the Court to vacate the Board’s decision insofar as it had denied the claim for a rating in excess of 30 percent for an acquired psychiatric disorder prior to December 4, 2014. In June 2018, the Court granted the parties’ Joint Motion. 1. Entitlement to an increased rating for cervical fusion is remanded. 2. Entitlement to a higher initial rating in excess of 30 percent for service-connected acquired psychiatric disorder, to include PTSD and adjustment disorder with anxiety and depression prior to December 4, 2014 is remanded. 3. Entitlement to a TDIU prior to April 22, 2013 and since September 27, 2016 is remanded. According to an April 2013 letter from the Veteran’s attorney, the Veteran received benefits from the Tennessee Department on Labor regarding unemployment because the Veteran claimed to have lost her job due to her service-connected disabilities. Although a benefit information form noting her entitlement is associated with the record, VA has not requested any medical records which may be associated with the benefits awarded from the Department of Labor and Workforce Development. VA has a duty to assist claimants under 38 U.S.C. § 5103A and 38 C.F.R. § 3.159. This duty includes requesting pertinent records. Thus, the Board finds it necessary to attempt to obtain any records pertaining to the Veteran’s receipt of Tennessee State disability benefits. The matters are REMANDED for the following actions: Request from the Tennessee Department of Labor and Workforce Development any records pertinent to the Veteran’s receipt of disability benefits, to include copies of all medical records underlying its determination. All records obtained or response(s) received should be associated with the claims folder. K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Williams, Counsel