Citation Nr: 21066027 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 14-30 992A DATE: October 28, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1979 to July 1982, with additional service in the Army National Guard from August 1982 to July 1991. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision of a Department of Veterans Affairs (VA) regional office (RO). In January 2018, the Veteran testified at a videoconference hearing held before the undersigned Veterans Law Judge and a transcript of that hearing has been associated with the electronic claims file. In April 2018, the Board remanded the issue of entitlement to TDIU for further development. In October 2018, the Board denied entitlement to TDIU. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (the Court). In July 2019, the Court issued an order granting a joint motion for partial remand that vacated the denial of TDIU. In November 2019, the Board again denied entitlement to TDIU. The Veteran again appealed the denial to the Court. In June 2020, the Court issued an order granting a joint motion for partial remand that vacated the denial of TDIU. In October 2020, the Board again denied entitlement to TDIU. The Veteran again appealed the denial to the Court. In July 2021, the Court issued an order granting a joint motion for partial remand that vacated the denial of TDIU. The Veteran was last examined for his service-connected psychiatric disorder and syncope in May 2018, and the Board finds that new examinations are warranted. The RO did not obtain the Veteran's treatment records from the Central Arkansas Veterans Healthcare System from November 2012 to January 2016. The RO should obtain the treatment records from that entity for that time period as well as for the period from February 2020 to the present. The RO last obtained records from the Social Security Administration in September 2014. In March 2018, the Social Security Administration requested information regarding the Veteran's compensation benefits. This request suggests either that the Veteran is currently receiving Social Security disability benefits or that he had a pending claim in March 2018. The RO should obtain any additional records from the Social Security Administration regarding the Veteran's claim for disability benefits. The matter is REMANDED for the following action: 1. Ask the Veteran to identify all treatment for his psychiatric disorder, syncope, hearing loss, and any other disability pertaining to his claim for TDIU, and obtain any identified records. Obtain the Veteran's VA treatment records from the Central Arkansas Veterans Healthcare System for from November 2012 to January 2016 and from February 2020 to the present. 2. Obtain the Veteran's federal records from the Social Security Administration regarding the Veteran's claim for disability benefits. Document all requests for information as well as all responses in the claims file. 3. After the development in 1 through 2 is completed, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected adjustment disorder with depressed mood. The examiner should review the Veteran's electronic claims file, to include the 2019 and 2020 private vocational assessments and the 2021 private employability evaluation. The examiner should provide a full description of the disability and report all signs and symptoms. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and occupational impairment due to his service-connected adjustment disorder with depressed mood. 4. After the development in 1 through 2 is completed, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected syncope. The examiner should review the Veteran's electronic claims file, to include the 2019 and 2020 private vocational assessments and the 2021 private employability evaluation. The examiner should provide a full description of the disability and report all signs and symptoms. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and functional impairment due to his service-connected syncope. 5. Thereafter, readjudicate the claim on appeal. If the benefit sought in connection with the claim remains denied, the Veteran and his counsel should be provided with an appropriate Supplemental Statement of the Case (SSOC) and given the opportunity to respond. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Cherry, 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.