Citation Nr: 20051111 Decision Date: 07/31/20 Archive Date: 07/31/20 DOCKET NO. 13-03 077 DATE: July 31, 2020 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served in the United States Marine Corps from June 2000 to June 2004. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a June 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. The issue was previously before the Board in August 2018 when it was remanded for further development. In the above-mentioned August 2018 remand, the Board observed that the Veteran was scheduled for a hearing on January 14, 2017. The hearing notification letter sent on November 14, 2016, was returned to the Agency of Original Jurisdiction (AOJ) due to an incorrect address and the Veteran did not report for his January 2017 hearing. The prior Board remand noted that the Veteran subsequently contacted the agency of original jurisdiction (AOJ) and provided an updated address but did not reschedule his hearing. As a result, the Board found that the hearing request had been withdrawn. On remand, the Veteran is free to request a hearing should he so desire. 1. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. The Veteran’s claim was remanded in August 2018 in order to obtain additional evidence. Specifically, the Board observed that VA treatment records indicate that there may be outstanding and relevant records from the Veteran’s former employer, Federal Correctional Institution Beckley (FCI Beckley), as the Veteran reported to a VA physician that he also sought treatment from the psychologist at work for his posttraumatic stress disorder symptoms. It was noted that these records are needed as they could be beneficial towards the Veteran’s claim. In addition, the Board observed that in October 2009, the AOJ sent Form VA 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits, to FCI Beckley. No response was ever received, and the Board requested that another letter be sent. Following the Board’s remand, the Veteran was provided a VA Form 21-4142 which would authorize VA to obtain records on his behalf. The Veteran did not complete and return the form; he also did not submit treatment records from FCI. However, the Board notes that FCI is operated by the Federal Bureau of Prisons and a completed 21-4142 is not necessary. Moreover, VA is required to make as many requests for records as necessary for records in the custody of a Federal department or agency. Finally, the most recent medical evidence of record comes from 2011. This evidence, combined with the Veteran’s statements, suggests that his PTSD may have worsened following the most-recent VA examination. As such, the Veteran should be afforded updated examinations. The matters are REMANDED for the following action: 1. The AOJ should obtain the Veteran’s treatment records from the Federal Correctional Institution Beckley. If the search for such records has negative results, the claims file must be properly documented as to the unavailability of those records. If the AOJ concludes that the records do not exist, or that further efforts to obtain such records would be futile, this should be noted in the file. 2. Make appropriate efforts to obtain Form 21-4192, Request for Employment Information in Connection with Claim for Disability, from the Veteran’s former employer, FCI Beckley. The form submitted must be fully executed and signed in each case by the employer. All such efforts must be noted in the claims file. 3. Contact the Veteran in order to have him identify the names and addresses of all health care providers who have treated him for his service-connected disabilities. The Veteran should also be notified that he may submit evidence or treatment records to support his claim. The Board is particularly interested any outstanding records of VA medical treatment (generated after the last treatment notes of record). The AOJ should attempt to obtain any such records. All efforts to obtain such records should be documented in the claims folder. All available records should be associated with the Veteran’s VA claims folder. 4. Ask the Veteran to complete a TDIU claim form. 5. After completing the actions required in items 1 – 4, schedule the Veteran for examinations by appropriate clinicians regarding the current severity of his service-connected disabilities. The examinations should note the Veteran’s complaints regarding the impact of his disabilities on employment and at least one examination should elicit from the Veteran his complete educational, vocational, and employment history. The examiners should identify all limitations or functional impairment caused solely by the service-connected disabilities. 6. 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 S. Morrad, 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.