Citation Nr: 20046983 Decision Date: 07/14/20 Archive Date: 07/14/20 DOCKET NO. 08-21 629 DATE: July 14, 2020 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) for the period on appeal prior to May 28, 2009, is remanded. REASONS FOR REMAND Although further delay is regrettable, the Board finds that additional development is required prior to adjudication of the issue on appeal. The Veteran had active duty service from December 1967 to December 1969. This case is on appeal before the Board of Veterans’ Appeals (Board) from a March 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. This matter was previously before the Board in April 2019; at that time, the Board issued a decision denying entitlement to a TDIU for the period on appeal prior to May 28, 2009. The Veteran then appealed this determination to the United States Court of Appeals for Veterans Claims (Court). In January 2020, the Court approved a Joint Motion for Partial Remand (JMR). Here, the parties agreed that the Board had erred in the prior decision by failing to provide adequate reasons and bases to support its determination. Specifically, the parties found that the Board had overlooked numerous pieces of evidence potentially favorable to the Veteran’s claim. Therefore, the issue of entitlement to a TDIU for the period on appeal prior to May 28, 2009, now returns to the Board for further adjudication. Neither the Veteran nor his representative has raised any specific issues with the duty to notify or the duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board . . . to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); see also Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). The Veteran seeks entitlement to a TDIU for the period on appeal prior to May 28, 2009, alleging that his service-connected disabilities rendered him unable to obtain or retain substantially gainful employment. See June 2020 appellate brief. The facts and regulations pertinent to this matter have already been summarized in the April 2019 Board decision and the January 2020 JMR. The material is hereby incorporated by reference into this determination. The January 2020 JMR references numerous pieces of evidence the parties found were overlooked by the Board in the prior determination. Prominent among these are statements the Veteran submitted to the Social Security Administration (SSA), alleging no or only marginal employment after December 2003. As explained at length in the April 2019 Board decision, the Veteran’s testimony concerning his work history is highly contradictory and therefore difficult to ascertain. While SSA records associated with the claims file document his many conflicting claims, the Board notes that this material contains no income statements. Moreover, though an SSA adjudicator found the Veteran to be disabled under the rules of that agency as of July 1, 2008, the actual text of a decision, if it exists, is not within the available records. These omissions indicate that the entirety of the Veteran’s SSA records have yet to be associated with the claims file. This information, particularly any data concerning the Veteran’s reported income, would help to resolve lingering questions about the nature and extent of his employment prior to May 28, 2009. As such, the Board concludes that a remand is warranted to afford the RO an attempt to gather this material. This matter is REMANDED for the following actions: 1. Obtain the Veteran’s federal records from the Social Security Administration, especially any information concerning his history of reported income prior to May 28, 2009. Document all requests for information as well as all responses in the claims file. 2. After completing the above, and any additional development deemed necessary, readjudicate the appeal. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals MJS, Attorney for the Board Department of Veterans Affairs 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.