Citation Nr: 21061757 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 18-00 170 DATE: October 5, 2021 REMANDED Entitlement to an extraschedular total disability rating based on individual unemployability (TDIU) prior to October 5, 2017 is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1966 to September 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2021, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. Entitlement to an extraschedular TDIU prior to October 5, 2017 is remanded. The Veteran contends that he is entitled to TDIU as of January 14, 2016, the date he filed a claim for TDIU. See VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability (January 2016). He states that he has not worked since 2012 due to his PTSD symptoms. See Hearing Transcript (June 2021). The Board finds that remand is required to obtain potentially relevant records. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, VA medical records, records from facilities with which the VA has contracted, and records from Federal agencies such as the Social Security Administration. 38 C.F.R. § 3.159(c)(2). First, in a November 2017 VA treatment record, the Veteran reported he was in receipt of Social Security Disability benefits. See CAPRI (November 2017). The claims file does not indicate any attempts to locate these records, although it appears the payments have recently been stopped. See SSA Profile and Benefit Data (May 2021). Second, multiple entries in VA treatment records note that records have been scanned into VistA Imaging, and include entries dated in the relevant time period January 2016, February 2016, March 2016, April 2016, August 2016, October 2016, December 2016, January 2017, April 2017, and May 2017. See CAPRI (July 2017). Unfortunately, the Board does not have access to this database. These records must be obtained and separately associated with the claims file. Third, while on remand, the RO should attempt to obtain recent Vet Center records. See 38 C.F.R. § 3.159(c). See Sullivan v. McDonald, 815 F.3d 786, 793 (Fed. Cir. 2016) (VA has a duty to assist in obtaining sufficiently identified VA medical records regardless of their relevance). See also Jones v. Wilkie, 918 F.3d 922 (Fed. Cir. 2019) (confirming the holding in Sullivan). The matters are REMANDED for the following action: 1. Obtain the Veteran's federal records from SSA including all medical records used to make any disability determinations. Document all requests for information as well as all responses in the claims file. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 2. Obtain and associate with the claims file all outstanding records of treatment, including those records scanned into VistA Imaging that are dated in January 2016, February 2016, March 2016, April 2016, August 2016, October 2016, December 2016, January 2017, April 2017, and May 2017. See CAPRI (July 2017). If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Veteran and his representative. (Continued on the next page) 3. Obtain the Veteran's VA treatment records for the period from January 2021 to the Present along with Vet Center records dated beginning in 2014. 4. Ask the Veteran to complete a VA Form 21-4142 for all non-VA medical providers seen for signs and symptoms of disability relevant to his claim for extraschedular TDIU prior to October 5, 2017. Make two requests for the authorized records from all identified sources, unless it is clear after the first request that a second request would be futile. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M., 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.