Citation Nr: 20041876 Decision Date: 06/19/20 Archive Date: 06/19/20 DOCKET NO. 17-15 926 DATE: June 19, 2020 REMANDED Entitlement to a rating in excess of 40 percent for residuals of lumbar laminectomy is remanded. 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 May 1975 to September 1976. These matters come before the Board of Veterans’ Appeals (Board) from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a) (2); 38 C.F.R. § 20.900(c). 1. Entitlement to a rating in excess of 40 percent for residuals of lumbar laminectomy 2. Entitlement to a TDIU The record reflects that there may be outstanding medical treatment records. At the March 2020 Board hearing, the Veteran stated she received treatment during the claim period from private medical providers; however, private treatment records are not associated with the claims file. Reasonable efforts should be made to obtain any outstanding private treatment records. Updated VA treatment records should also be requested. The record also reflects that there may be outstanding Social Security Administration (SSA) disability benefits records. At the Board hearing, the Veteran stated that she has received SSA disability benefits since December 1991. It does not appear that VA has requested the Veteran’s SSA records. This should be accomplished on remand. Regarding the claim for an increased rating for the low back disability, the Veteran’s most recent VA examination was in November 2014. In statements on appeal and at the March 2020 hearing, the Veteran asserted that her low back disability has worsened, such that its severity is not accurately reflected in the November 2014 VA examination. As the nature and severity of the low back disability may have changed since 2014, the Veteran should be afforded the opportunity to report for a VA examination. Regarding the claim for a TDIU, during the Board hearing, the Veteran stated she last worked in approximately 2010 and is unable to work due to her low back disability. In October 2013 correspondence, the RO requested that the Veteran complete a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability), to include her prior employment information. The record does not show that the Veteran submitted this information. The Veteran is advised that her failure to provide the requested information could result in the denial of her TDIU claim. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (“The duty to assist is not always a one-way street. If a veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence.”). The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated her for her low back disability, to include any private medical providers. After securing any necessary releases, request any relevant records identified that are not duplicates of those associated with the claims file. In addition, obtain updated VA treatment records. If any requested records are unavailable, the Veteran should be notified of such. 2. Request all medical and legal documents pertaining to the Veteran’s application(s) for SSA disability benefits. If no records can be found, indicate whether the records do not exist and whether further efforts to obtain the records would be futile. 3. The Veteran should be asked to provide a completed VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) and, once provided, request employment information from each employer identified by the Veteran. If additional information is needed from the Veteran to permit the request to be undertaken, the Veteran should be asked to provide such. 4. After records development is completed, schedule the Veteran for a VA examination to evaluate the current nature and severity of her low back disability. The claims file should be reviewed by the examiner. All indicated tests should be performed and the results reported, and all symptomatology should be reported.   5. If the claims remain denied, issue a supplemental statement of the case, as appropriate. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. C. Birder 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.