Citation Nr: 21010102
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 16-50 963
DATE: February 24, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities under 38C.F.R. §4.16(b) prior to July 15, 2016 is remanded.

REASONS FOR REMAND

The Veteran had honorable active service with the United States Army from June 1969 to January 1972.

In November 2018, the Board issued a decision which denied entitlement to TDIU due to service-connected disabilities prior to July 15, 2016. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In December 2020, the Veteran and the Secretary of the Veterans Affairs (collectively, as parties) filed a Joint Motion for Partial Remand (JMPR). The parties requested that the Court vacate part of the Board’s November 2018 decision, and remand the matter for further consideration and instructions consistent with the JMPR. The Court granted the JMPR in January 2020.

In July 2020, the claim was remanded by the Board for further development consistent with the JMPR. Although further delay is regrettable, a remand is necessary for the development described below.

Entitlement to a TDIU due to service-connected disabilities under 38C.F.R. §4.16(b) prior to July 15, 2016 is remanded.

It appears that the Veteran is in receipt of disability benefits from the Social Security Administration (SSA). Following a request for SSA records, an August 2008 response indicate that the medical records could not be located.  Following another June 2014 request for medical records, SSA National Records Center indicate that the medical records had been destroyed. SSA’s final determination awarding benefits is not of record, nor does it appear that such were specifically requested. On remand, all records relating to the SSA’s determination should be requested from the SSA, as they are potentially relevant to the Veteran’s claim for TDIU.

The matter is REMANDED for the following action:

With any needed assistance from the Veteran, obtain from the SSA all available records pertinent to his claim.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.