Citation Nr: 21066542
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 18-06 580
DATE: November 1, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active duty, including from April 1974 to July 1978 and January 1980 to January 1983, as well as, Reserve and National Guard service.  

The Veteran had a hearing before the undersigned Veterans Law Judge in October 2019.

In November 2019, the Board remanded TDIU and a claim for service connection for bilateral knee disorders for further development.  

The claims for service connection for knee disorders were granted in a July 2020 rating decision.  The Board notes that in September 2020 the Veteran filed a notice of disagreement with the July 2020 rating decision, that matter is part of a separate appeal stream and is not part of the current appeal before the Board.

In April 2021, the Board remanded the TDIU claim for additional development.

1.  Entitlement to a TDIU is remanded.

The Board previously remanded, in part, to obtain private medical records.  The Agency of Original Jurisdiction (AOJ) subsequently requested that the Veteran provide information necessary to obtain such records and requested the records identified by the Veteran in a May 2021 VA Form 21-4142.  In a separate May 2021 lay statement, however, the Veteran identified another private medical provider (HCA Houston Healthcare Clear Lake) that he had not identified in the VA Form 21-4142.  Subsequently, the AOJ did not request those records.  A remand is required to allow VA to obtain authorization and request these records.

The matters are REMANDED for the following actions:

1.  Ask the Veteran to complete a VA Form 21-4142 for HCA Houston Healthcare Clear Lake and any other relevant private medical provider he has not yet identified.  Make two requests for the authorized records from identified provider(s) unless it is clear after the first request that a second request would be futile. 

2.  After the above development has been accomplished, perform any additional development deemed warranted.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.