Citation Nr: 21004198
Decision Date: 01/26/21	Archive Date: 01/26/21

DOCKET NO. 16-46 772
DATE: January 26, 2021

REMANDED

Entitlement to a total finding based on individual unemployability (TDIU) on an extraschedular basis prior to December 19, 2018, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from October 1989 to February 1992.  This matter comes before the Board of Veterans’ Appeals (Board) from a February 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, the Veteran’s claim must be remanded again.  Recently associated VA treatment records indicate that the Veteran filed a claim for Social Security Administration (SSA) disability benefits in 2013.  Though it appears that the Veteran’s SSA claim was subsequently denied, given that the Veteran filed that SSA claim within proximity to his claim for PTSD – with which TDIU was raised, the Board cannot conclude that the SSA records are irrelevant.  See Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010).  Accordingly, the Veteran’s SSA records must be obtained.  

In addition, the Board notes that the Veteran has failed to return a VA Form 21 8940, Veteran’s Application for Increased Compensation Based on Unemployability.  Given that this case is being remanded, the Veteran should be afforded another opportunity to complete that form.  

The matter is REMANDED for the following action:

1. Request that the Veteran complete a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability.  The Veteran must be informed that while this form is not jurisdictional, it contains information which may be helpful in resolution of his claim, and a failure to submit such may have an adverse impact on his appeal.

2. Request the Veteran’s relevant SSA records.  

3. Following completion of the above, refer the Veteran’s claims file to the Director of Compensation Service to review the additional evidence associated with the claims file following the October 2020 advisory opinion regarding entitlement to extraschedular TDIU prior to December 19, 2018.

4. Thereafter, readjudicate the remanded issue, and if still denied, return the matter to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Seay, 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.