Citation Nr: 21010496
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 08-10 267
DATE: February 25, 2021

REMANDED

Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) prior to November 23, 2020, is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from January 1975 to January 1978.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2013 rating decision by the North Little Rock, Arkansas, Regional Office (RO) of the Department of Veterans Affairs (VA).  The matter for appellate review has been accordingly revised.  The TDIU issue was most recently remanded for additional development in November 2020.  A December 2020 rating decision established entitlement to a TDIU effective from November 23, 2020.

Although this case has been previously remanded, the Board finds that additional development is required for an adequate determination.  A report obtained by VA in July 2020 indicates the Veteran has been in receipt of Social Security Administration (SSA) disability benefits since January 2010.  There is no evidence of any VA attempt to obtain copies of these records.  

The Board also notes that the evidence of record includes inconsistent information as to the Veteran’s employment history during the course of this appeal.  In his April 2012 TDIU application, the Veteran reported he last worked as a security guard in 2006, but in a March 2020 TDIU application he reported he last worked full-time as a laborer at the Red River Army Depot in February 1996. Yet, when he was examined in November 2020, he reported he was last employed as a long-haul truck driver.  The Veteran should be requested to provide additional clarifying information in support of his claim.

The matter is REMANDED for the following action:

1. Request that the Veteran provide additional clarifying information in support of his claim for a TDIU prior to November 23, 2020.

2. Obtain the Veteran’s federal records pertinent to his SSA disability claim.  Document all requests for information as well as all responses in the claims file.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Douglas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.