Citation Nr: 21008006
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 13-26 202
DATE: February 11, 2021

REMANDED

Entitlement to a total disability rating due to individual unemployability (TDIU), to include extraschedular consideration is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from September 1969 to August 1971.

1. Entitlement to a total disability rating due to individual unemployability (TDIU), to include extraschedular consideration is remanded.

The Veteran seeks entitlement to a TDIU.  He contends that he is no longer able to work due to his lumbar spine disability.  See May 2015 Board hearing transcript, Social Security Administration records received in March 2018, and a January 2020 VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability.  

The record demonstrates that the Veteran’s lumbar spine disability has worsened since it was last evaluated by VA in April 2018.  Since then, VA treatment records now reflect a diagnosis of lumbar radiculopathy, and the Veteran required spinal surgery in January 2019.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of lumbar spine disability, to include any associated neurologic involvement.

In addition, the record indicates that there may be outstanding relevant VA treatment records.  On his January 2020 VA form 21-8940, the Veteran reported that he has continued to receive VA treatment for the disability on appeal.  Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal.  A remand is required to allow VA to obtain them.

The matters are REMANDED for the following action:

1.  Obtain the Veteran’s VA treatment records for the period from April 2019 to the Present.

2.  Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar spine disability, to include any associated neurologic involvement.  The examiner should provide a full description of the disability to include the occupational and functional impairment caused by the lumbar spine disability.  

 

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.