Citation Nr: 21002749
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 14-11 021A
DATE: January 14, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran, who is the appellant in this case, served on active duty from May 1988 to June 1995. 

This matter comes before the Board of Veterans’ Appeals (Board) from December 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, awarded increased ratings for right and left knee disabilities. 

In an August 2020 decision, the Board adjudicated the claims for increased ratings for right and left knee disabilities.  The Board also found that the issue of entitlement to a TDIU was part of the increased rating claims then on appeal, pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009), and remanded the TDIU claim for additional development.

1. Entitlement to a TDIU is remanded.

The Board finds that additional development prior to adjudication of this claim. 

The record reflects that the Veteran received disability benefits from the Social Security Administration (SSA); however, the Veteran’s SSA records have not yet been obtained. See September 2010 VA treatment record. As any such records may be pertinent to the present VA claim, the Veteran's complete SSA records, if available, should be obtained and associated with the claims file.  See Murincsak v. Derwinski, 2 Vet. App. 363, 370-72 (1992).

The matters are REMANDED for the following action:

1. Obtain and associate with the record all records from the SSA pertaining to the Veteran’s claim for disability benefits, to include all evidence and copies of any disability determination. All attempts to obtain these records must be documented in the claims file. 

The Veteran and her representative must be notified of any inability to obtain the requested documents.

2. Thereafter, readjudicate the issue of entitlement to a TDIU.

 

 

Megan R. Thomas

Acting Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.