Citation Nr: 21064777
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 16-55 827
DATE: October 21, 2021

REMANDED

Entitlement to an initial evaluation in excess of 40 percent for localization related epilepsy, idiopathic/complex partial secondarily generalized seizures is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1985 to September 1989.

He testified before the undersigned Veterans Law Judge at an August 2019 Travel Board hearing.  

This matter was previously remanded by the Board in November 2019 for evidentiary development.

1. Entitlement to an initial evaluation in excess of 40 percent for localization related epilepsy, idiopathic/complex partial secondarily generalized seizures is remanded.

The Veteran indicated at a January 2018 VA examination that he applied for state disability benefits.  The August 2019 Remand directed the RO to contact the "appropriate agency" to request any records pertaining to the Veteran's application for state disability benefits.  

Upon remand, the RO contacted the Social Security Administration.  SSA responded with relevant records and the Veteran later confirmed that he is receiving Social Security Disability benefits.  

However, there is no indication that the RO contacted the appropriate state agency to obtain state disability records as specified by the Remand directives.  As such, the Board finds that the RO did not comply with the November 2019 Remand directives.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  The Veteran lives in a state that offers state disability benefits (New York).  The appropriate state agency should be contacted to obtain any available records.

The matters are REMANDED for the following action:

1. Contact the appropriate New York state agency to obtain copies of any records associated with the Veteran's application for state disability benefits, to include any medical records obtained in connection with the application.  (In the alternative, if the Veteran indicates that there are no state benefits, such may be noted in the file and the file returned for processing.)

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.