Citation Nr: 20007299
Decision Date: 01/28/20	Archive Date: 01/28/20

DOCKET NO. 19-20 359
DATE: January 28, 2020

REMANDED

Entitlement to service connection for a right ankle disability is remanded.

Entitlement to service connection for alcoholism is remanded.

Entitlement to an initial rating higher than 50 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1979 to March 1982.

1. Entitlement to service connection for a right ankle disability, and alcoholism, and entitlement to an initial rating higher than 50 percent for posttraumatic stress disorder (PTSD) is remanded.

At the May 2019 VA examinations, the Veteran reported that she was receiving Social Security Administration (SSA) benefits.  The record does not contain a copy of a fully favorable decision. While Social Security Administration (SSA) records are not controlling for VA determinations, they may be pertinent to VA claims. Murincsak v. Derwinski, 2 Vet. App. 363 (1992); Collier v. Derwinski, 1 Vet. App. 412 (1991).  When VA is put on notice of the existence of SSA records, VA must seek to obtain the records before proceeding with the appeal. Murincsak v. Derwinski, 2 Vet. App. 363 (1992); Lind v. Principi, 3 Vet. App. 493 (1992).  The SSA records may be relevant to the current appeal. Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010).  

The Board finds that the AOJ should obtain and associate with the claims file a copy of any SSA decision on the Veteran’s claim, and copies of all medical records underlying that determination, following the current procedures of 38 C.F.R. § 3.159 (c) with respect to requesting records from Federal agencies.

2. Entitlement to a total disability rating due to individual unemployability (TDIU)

The Board finds that a claim for TDIU was reasonably raised by the record during the course of the appeal for an increased rating and that claim is part of the appeal. Rice v. Shinseki, 22 Vet. App. 447(2009).  The AOJ has not yet considered the claim of entitlement to TDIU in connection with the Veteran’s current claim for a higher rating.  Thus, the Board finds that, after giving the Veteran an opportunity to file a formal claim for a TDIU in connection with her claim for a higher rating, and completing the other actions noted below, the AOJ should adjudicate that matter in the first instance, to avoid any prejudice to the Veteran. Bernard v. Brown, 4 Vet. App. 384 (1993).

The matters are REMANDED for the following action:

1. After obtaining any necessary releases, request any outstanding private, and VA medical records.  

2. Request from the Social Security Administration complete copies of any disability decisions made concerning the Veteran and copies of the medical records that served as the basis for any decisions.  Make reasonable efforts to obtain the records, including at least one follow-up request if no response is received.  If the records are not available, a negative reply is required.

3. Furnish to the Veteran a VA Form 21-8940, to enable her to file a formal application for TDIU.

4. Send the Veteran and representative a letter requesting that the Veteran furnish any additional information or evidence pertinent to the claim for TDIU.  The letter should specifically notify the Veteran of the criteria to establish entitlement to TDIU.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Kass

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.