Citation Nr: 19106957
Decision Date: 02/01/19	Archive Date: 01/29/19

DOCKET NO. 14-07 069
DATE:	February 1, 2019

REMANDED

Entitlement to a rating in excess of 30 percent prior to October 19, 2015, and in excess of 50 percent afterwards, for an acquired psychiatric disability is remanded.

Entitlement to a rating in excess of 10 percent for residuals from a traumatic brain injury is remanded.

Entitlement to a total disability rating based on individual unemployability as a result of service connected disabilities is remanded.

REASONS FOR REMAND

The Veteran had active service in the Navy from July 1994 to June 1996.

In January 2016, the Board denied an increased rating claim for residuals from a traumatic brain injury (TBI), denied an increased rating claim for an acquired psychiatric disability prior October 19, 2015, and granted an increased rating of 50 percent for an acquired psychiatric disability from October 19, 2015, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (“CAVC” or “the Court”).  In November 2016, the Court issued an order that vacated the Board decision and remanded the claims for compliance with a Joint Motion for Partial Remand (JMPR).



Regarding the Veteran’s increased rating claims for a TBI and an acquired psychiatric disability, he was last afforded VA examinations in May 2017.

In January 2018, Dr. Elaine M. Tripi completed a Mental Disorders Disability Benefits Questionnaire and indicated that the Veteran had total occupational and social impairment.  Dr. Tripi also opined that the Veteran was unable to maintain or sustain substantial gainful activity.

In April 2018, September 2018, and November 2018, the Veteran reported worsening of his service connected disabilities.  As such, a remand is required to provide new examinations.

In June 2018, the Social Security Administration (SSA) found the Veteran disabled.  However, the only record available is the notification of benefits letter.  Where VA has notice that the Veteran is receiving disability benefits from the SSA, and that records from that agency may be relevant, VA has a duty to acquire a copy of the decision granting Social Security disability benefits, and the supporting medical documents on which the decision was based.  See Murincsak v. Derwinski, 2 Vet. App. 363, 373 (1992).  While VA must obtain only those that are relevant to the Veteran’s claim, the basis of the Veteran’s award of SSA disability benefits is unclear from the current record and a remand is necessary to obtain the records.  38 C.F.R. § 3.159(c)(2).

The issue of a TDIU is inextricably intertwined with the adjudication of the other remanded issues, and it, too, will be remanded.

The matters are REMANDED for the following action:

1. Obtain from the SSA a copy of its decision(s) awarding the Veteran disability benefits, as well as copies of all medical records.

2. Then, schedule the Veteran for a VA examination(s) to determine the current nature and severity of his service-connected acquired psychiatric disability and TBI.

The examiner should address the findings of Dr. Tripi regarding total occupational and social impairment.

The examiner should describe any functional limitation the Veteran’s acquired psychiatric disability and TBI have on his ability to obtain or maintain substantially gainful employment.

 

THOMAS H. O'SHAY

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	T. Berryman, Counsel