Citation Nr: 18161296 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 16-61 592 DATE: December 31, 2018 REMANDED The claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1995 to October 1996. The evidence also shows a period of unverified active duty service from June 1980 to June 1995. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In a December 2016 Statement of Accredited Representative in Appealed Case, the Veteran’s representative indicated that the Veteran had requested a Board hearing via live videoconference. However, in the Veteran’s VA Form 9 from earlier that month, she specifically indicated that she did not wish to appear in an optional Board hearing. In November 2018, the Veteran’s representative submitted an informal hearing presentation with argument for the Veteran’s appeal included. The Board reads the correspondences to indicate an intent to forego a hearing. Entitlement to a TDIU A remand is required to obtain outstanding medical records from the Social Security Administration (SSA). VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159(c) (2018). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, military records, VA medical records, records from facilities with which the VA has contracted, and records from Federal agencies such as SSA. 38 C.F.R. § 3.159(c)(2). VA will end its efforts to obtain records only where it concludes that the records sought do not exist or that further efforts to obtain those records would be futile, such as where the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them. 38 C.F.R. § 3.159(c)(2). Records from a previous claim for disability benefits from SSA are associated with the Veteran’s electronic record. However, in March 2018, VA received a copy of a November 2017 decision from an Administrative Law Judge from SSA that showed that disability benefits had been granted, effective in January 2017. Records of the Veteran’s disability claim before SSA are not associated with the Veteran’s file, and they are relevant to the instant claim of entitlement to a TDIU. On remand, they should be obtained. The matter is REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Veteran and his or her representative. 2. Contact the SSA and obtain a copy of that agency’s November 2017 decision granting the Veteran disability benefits effective in January 2017, as well as any medical records used to make that decision. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Veteran and his or her representative. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Steve Ginski, Associate Counsel