Citation Nr: 21002614
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 15-47 008
DATE: January 14, 2021

REMANDED

The claim for a rating for right (major) carpal tunnel syndrome (CTS) in excess of 10 percent for the period prior to November 3, 2018, and in excess of 30 percent therefrom is remanded.

The claim for a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1971 to June 1975, and from January 1980 to January 1996. 

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Board finds that the issue of entitlement to TDIU has been raised by the record.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).

On VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, received by VA in January 2011, the Veteran indicated that he was unable to work, in part, due to his “hand condition.”  He also reported that he expected to receive disability benefits from the Social Security Administration (SSA). Given that the Board is on notice that the Veteran is potentially in receipt of SSA disability benefits, it is obligated to seek the records.  This is particularly relevant in the context of a TDIU claim, but may also impact the increased rating claim.

The matters are REMANDED for the following action:

Obtain SSA records.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carole Kammel, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.