Citation Nr: 20074901 Decision Date: 11/23/20 Archive Date: 11/23/20 DOCKET NO. 09-10 944 DATE: November 23, 2020 REMANDED Entitlement to an initial disability rating for migraine headaches in excess of 10 percent before July 30, 2009, in excess of 30 percent between July 30, 2009 and March 18, 2015, and in excess of 50 percent thereafter is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) before March 18, 2015 is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1985 to September 1987. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2008 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2012, the Board remanded the Veteran’s claim for additional development, including obtaining a new VA examination. After completion, in July 2015, the RO granted the Veteran a 50 percent disability rating for his migraine headaches, effective March 18, 2015 (the date of his VA examination). In February 2016, the Director of Compensation Service awarded an extraschedular TDIU evaluation also effective March 18, 2015. Because the Director’s decision only served as a partial grant of the Veteran’s extraschedular TDIU claim, the case is once again before the Board. See Harper v. Wilkie, 30 Vet. App. 356, 360-61 (2018). 1. Entitlement to an initial disability rating for migraine headaches in excess of 10 percent before July 30, 2009, in excess of 30 percent between July 30, 2009 and March 18, 2015, and in excess of 50 percent thereafter is remanded. 2. Entitlement to a TDIU before March 18, 2015 is remanded. VA must “make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit.” 38 U.S.C. § 5103A(a)(1). As part of the duty to assist, VA must, in appropriate cases, obtain relevant records from a Federal department or agency, such as the Social Security Administration (SSA). 38 C.F.R. § 3.159(c)(2). In May 2020, the Veteran submitted a new claim for benefits and a related statement indicating that he is receiving social security benefits. To date, his SSA records have not been associated with the claims file, nor does it appear that an attempt has been made to obtain them. Because the Veteran’s SSA records may contain evidence relevant to the claim on appeal, a remand is necessary to allow VA to request these records. See Golz v. Shinseki, 590 F.3d 1317, 1322-23 (Fed. Cir. 2010). Finally, as the case is being remanded for additional development, any outstanding VA treatment records should be associated with the claims file. See Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (per curiam). The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records and associate them with the claims file. 2. Obtain a copy of any decision to grant or deny SSA benefits to the Veteran and the medical records upon which that decision was based and associate them with the claims file. If the search for such records has negative results, the claims file must be properly documented as to the unavailability of those records. 3. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran’s pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Canedy, Associate 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.