Citation Nr: 21061594
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 18-28 076
DATE: October 4, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from October 1976 to October 1980.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In June 2021, the Veteran testified at a virtual Board hearing before the undersigned.

The Veteran contends that his service-connected psychiatric disability precludes him from obtaining and maintaining substantially gainful employment.  At the time his claim for a TDIU was received by VA on October 5, 2016, the Veteran was in receipt of a 70 percent rating for major depressive disorder and a 10 percent rating for right knee disability.  As the Veteran's combined rating as to his service-connected major depressive disorder and right knee disability is 70 percent disabling, he meets the criteria for schedular consideration of a TDIU.  38 C.F.R. § 4.16(a).

During his June 2021 Board hearing, the Veteran indicated that he received private in-patient treatment for his psychiatric disability from Samaritan Village.  These private treatment records are not in the Veteran's claims file, nor does it appear that VA attempted to obtain them.  They appear relevant to the Veteran's claim as they may include symptoms of the Veteran's psychiatric disability, as well as medical notes from private treatment providers at Samaritan Village, that may speak to the Veteran's ability to obtain and maintain employment.  VA has a duty to seek these records.  38 U.S.C. § 5103A(b)(1).

The matter is REMANDED for the following action:

1. With any necessary identification of sources and authorization by the Veteran, request all VA and private treatment records for the Veteran not already associated with the file, to specifically include private treatment records from Samaritan Village, referenced in the Veteran's June 2021 Board hearing transcript.  Copies of any outstanding VA and private treatment records should be added to the Veteran's electronic claims file.

2. After completing all indicated development, the Agency of Original Jurisdiction should readjudicate the Veteran's claim.  If the benefit sought on appeal remains denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Houle, 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.