Citation Nr: 21012383 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 20-25 531A DATE: March 4, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from August 1967 to August 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2018 rating decision of the Regional Office (RO) of the Department of Veterans Affairs (VA) in San Juan, Puerto Rico. Entitlement to TDIU is remanded. A review of the claims file indicates that the Veteran has been in receipt of Social Security Administration (SSA) benefits since 2008, and that the RO, in July 2018, attempted to obtain a copy of any available medical records or other relevant records from the SSA. An October 2018 deferred rating decision acknowledges that the RO had not yet obtained a copy of any of the Veteran’s records from the SSA, and that such failure constituted a duty to assist error. The RO indicated that additional development, including another SSA records request, needed to be undertaken in order to adjudicate the Veteran’s claim. However, there is nothing in the record that indicates that the RO attempted to obtain the Veteran's records from the SSA or that such records are unavailable by any means. See Dixon v. Gober, 14 Vet. App. 168, 171 (2000); Masors v. Derwinski, 2 Vet. App. 181, 188 (1992). Any medical evidence related to his claim for SSA benefits may be pertinent to his claim for TDIU. VA’s duty to assist requires that it seek the SSA's disability determination and the medical records underlying it only when these records are relevant to the claims. See Golz v. Shinseki, 590 F.3d 1317, 1320-1321 (Fed. Cir. 2010). As such, these records must also be obtained and associated with the other evidence in the claims file. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992). Moreover, regarding the claim for TDIU, the ultimate responsibility for a TDIU determination is a factual one rather than a medical question. See Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir. 2013). In this case, the record is not sufficient for the Board to make such a determination, and an examination is needed to allow the Board to make a fully informed decision in this case. The matters are REMANDED for the following action: 1. Take appropriate steps to associate the Veteran’s SSA disability records and decision with the claims file. If records cannot be obtained, this must be documented, and the Veteran must be notified. 2. Schedule the Veteran for an examination with an appropriate clinician. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials. Based on a review of the claims file, the examiner must provide a functional assessment of the Veteran’s service-connected posttraumatic stress disorder (PTSD) on his ability to work, without consideration of his age or nonservice-connected disabilities. The examiner must provide all findings, along with a complete rationale for his or her opinion(s), in the examination report. 3. After completing any additional notification or development deemed necessary, the Veteran’s claim for TDIU should be readjudicated. If the claim remains denied, the Veteran should be furnished with a supplemental statement of the case and afforded a reasonable opportunity for response. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Hallie E. Brokowsky, 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.