Citation Nr: 21003713
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 13-13 443
DATE: January 22, 2021

REMANDED

Entitlement to an initial compensable rating for pleural plaques (claimed as asbestosis) is remanded.

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

REASONS FOR REMAND

The Veteran had active service in the Navy from January 1955 to September 1958, with periods of reserve service thereafter.

The appeal originates from a February 2017 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran appeared for a hearing before the undersigned in June 2017.

1. Entitlement to an initial compensable rating for pleural plaques is remanded.

2. Entitlement to TDIU is remanded.

The matter was most recently remanded in October 2018 for a VA examination and medical treatment records.  The requested examination was obtained in November 2020.  

With respect to treatment records, VA treatment records dating to the Veteran’s establishment of care have been obtained.  As to other records, the Veteran submitted an authorization form in December 2019 indicating that he was seen at Matthews AFB for his respiratory disability.  The request was rejected shortly thereafter by the PMR Program due to a missing signature.  In December 2020, he submitted an authorization form for treatment records from Kaiser Permanente.  The request was rejected by the PMR Program due to an invalid signature date.  The record does not show that the Veteran was notified of these outcomes or any action taken to work them via the traditional process as indicated in the reject notices.  A remand is necessary to complete this development.

Regarding TDIU, the claim is intertwined with the increased rating claim and cannot be adjudicated at this time.  The RO should provide the Veteran a VA Form 21-8940 and develop the TDIU issue if appropriate. 

The matter is REMANDED for the following action:

1. Obtain treatment records identified in the December 2019 and December 2020 authorization forms.  If such is unsuccessful, make a notation in the record and provide notice to the Veteran.

2. Provide the Veteran a VA Form 21-8940 and develop the TDIU claim if appropriate.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Alhinnawi

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.