Citation Nr: 21006859
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 14-20 220A
DATE: February 5, 2021

REMANDED

Entitlement to an evaluation in excess of 10 percent for service-connected residuals of left foot hallux rigidus is remanded.

Entitlement to an evaluation in excess of 0 percent for service-connected limitation of motion of the temporomandibular joint due to causes other than temporomandibular joint disorder is remanded.

Entitlement to service connection for an acquired psychiatric disorder (claimed as major depression) is remanded.

Entitlement to service connection for right shoulder osteoarthritis with rotator cuff tear is remanded. 

Entitlement to service connection for loss of teeth is remanded.

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

 

REASONS FOR REMAND

The Veteran served on active duty from November 1979 to December 1985.  

This matter is on appeal from a December 2012 rating decision.  

The Veteran testified before the undersigned Veterans Law Judge during a December 2017 hearing.

The Board previously remanded these claims for further development in May 2018.

In a February 2019 correspondence, the Veteran’s representative requested that VA obtain the Veteran’s Social Security Administration (SSA) disability records prior to the adjudication of his claims.  To date, the Veteran’s SSA records have not been obtained and included in the claims file.  Accordingly, the Agency of Original Jurisdiction should attempt to obtain records from the SSA and readjudicate the Veteran’s claims.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding relevant treatment records and obtain any identified records.

2.  Obtain the Veteran’s federal records from the Social Security Administration.  Document all requests for information as well as all responses in the claims file. If not records can be located, or it is determined that no such records exist, a formal finding of unavailability must be made and associated with the claims file.

 

3. After performing any other further development deemed appropriate, readjudicate the claims on appeal.  If any benefit remains denied, the Veteran should be provided with a Supplemental Statement of the Case, with a copy to his representative, and given an opportunity to respond.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Keogh, Associate 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.