Citation Nr: 20003560 Decision Date: 01/15/20 Archive Date: 01/15/20 DOCKET NO. 06-00 238A DATE: January 15, 2020 REMANDED Entitlement to an evaluation in excess of 10 percent for residuals of a shell fragment wound to the right lateral thigh prior to May 16, 2014, is remanded. Entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran had active duty service from August 1967 to May 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2005 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the increased evaluation claim for further development in October 2008, April 2010, October 2012, and July 2014. Following the July 2014 remand, the Agency of Original Jurisdiction (AOJ) increased the evaluation for the Veteran’s service-connected residuals of shell fragment wound to the right lateral thigh evaluation to 40 percent effective May 16, 2014. In a January 2016 remand, the Board noted that a 40 percent evaluation was the maximum rating available under the law for that disability, but remanded the issue for the period prior to May 16, 2014. The case has since been returned to the Board for appellate review. The Veteran had originally testified at June 2007 and January 2010 hearings before a Veterans Law Judge who is no longer employed at the Board. Transcripts of those hearings have been associated with the claims file. The Veteran was offered the opportunity to testify at another hearing before a different Veterans Law Judge who would ultimately decide the appeal. He opted for an additional hearing and testified at a July 2019 hearing before the undersigned Veterans Law Judge. A transcript of that hearing is associated with the claims file. Upon review, the Board finds that additional development is needed prior to adjudication of the claims. The Veteran has claimed that he is unemployable due, in part, to his service-connected right thigh disability. Thus, a determination as to whether he is entitled to TDIU is part and parcel of the determination of the increased rating claim. See Rice v. Shinseki, 22 Vet. App. 447, 453 (2009). Therefore, the agency of original jurisdiction (AOJ) should develop a claim for TDIU. The Board also notes that the AOJ appears to have requested Social Security Administration (SSA) records, but such records are not associated with the file. Thus, on remand, the AOJ should ensure that any available SSA records are associated with the claims file. The Board further finds that the Veteran’s claim for an increased evaluation for his service-connected right thigh disability is inextricably intertwined with the TDIU claim being remanded herein, as any additional records could provide relevant findings and affect the outcome of the claim. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (noting that the prohibition against the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making or appellate litigation). Accordingly, the case is REMANDED for the following action: 1. The agency of original jurisdiction (AOJ) should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for his service-connected disabilities. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. Any outstanding VA medical records should also be obtained and associated with the claims file. 2. The AOJ should request a copy of any SSA decisions and the records upon which the decision(s) was based and associate them with the claims file. If the search for such records has negative results, the claims file should be properly documented as to the unavailability of those records. 3. After completing the foregoing development, the AOJ should schedule the Veteran for a VA examination to ascertain the combined effects of his service-connected disabilities and any resulting impairment. The examiner should address how the Veteran’s service-connected disabilities alone result in functional impairment and comment on the Veteran’s ability to function in an occupational environment. If possible, he or she should also indicate if there is any form of employment that the Veteran could perform, and if so, what type. A written copy of the report should be associated with the electronic claims folder. 4. After completing these actions, the AOJ should conduct any other development as may be indicated. J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Rideout-Davidson, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.