Citation Nr: 21013909 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 16-06 583 DATE: March 10, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service in the United States Navy from November 2001 to May 2005. This matter come before the Board of Veterans’ Appeals (Board) on appeal from a September 2015 rating decision of the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The matter was previously before the Board in September 2018. At this time, the Board granted a 70 percent disability rating for posttraumatic stress disorder (PTSD) and noted that the medical evidence suggested that the Veteran may be unable to maintain substantially gainful employment. In light of the Court’s holding in Rice v. Shinseki, 22 Vet. App. 447 (2009), the Board considered the TDIU claim as a part of the Veteran’s pending increased rating claim and remanded it for development. The matter was returned to the Board in June 2020 for appellate review. Regrettably, an additional remand is necessary. Subsequent to the September 2018 Board remand, VA medical records were associated with claims file. These records include a treatment note from October 2017, indicating that the Veteran filed for Social Security Administration (SSA) disability benefits. However, there are no SSA records associated with the claims file, nor does the record reflect that there have been any attempts to obtain such records if they exist. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. This includes making as many requests as are necessary to obtain relevant records from a Federal department or agency, including, but not limited to, records from Federal agencies such as the SSA. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c)(2). As these records are potentially relevant to the issues in this case, the AOJ should attempt to obtain them. A remand is also necessary to obtain a new VA examination. A VA examination related to the Veteran’s psychiatric disability was last conducted in March 2016. Since this time, VA treatment records indicate that the Veteran began losing her vision and became unable to work due to her loss of sight. However, VA records suggest that the Veteran’s service-connected psychiatric disability also impacted her ability to work. In an assessment for a blind rehabilitation program, the Veteran reported that she left a job of 10 years in June 2015 because a coworker displayed behaviors reminiscent of her former assailant in the Navy. She also reported that she had short term jobs with a clothing and grocery store before becoming blind, but difficult circumstances had precipitated her hiatus from employment. Accordingly, a VA examination is necessary to ascertain the impact of the Veteran’s psychiatric disability on her ability to sustain and maintain employment. Finally, the Board notes that the Veteran has not yet completed and returned VA Forms 21-8940 (Veteran’s Application for Increased Compensation Based on Individual Unemployability), and 21-4192 (Request for Employment Information with Claim for Disability Benefits). Accordingly, the AOJ should resend these forms to the Veteran for completion. The matters are REMANDED for the following action: 1. Contact the Social Security Administration and obtain a copy of any records SSA has concerning the Veteran’s claim for disability benefits, including any decision made and any medical records used to make the decision, if a decision was made. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and documented in the record. Required notice must be provided to the Veteran and her representative. 2. The AOJ should also secure any outstanding VA medical records. 3. Provide the Veteran with a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Individual Unemployability), and a VA Form 21-4192 (Request for Employment Information with Claim for Disability Benefits) and ask her to complete and return these forms. 4. After completing the preceding development in paragraphs 1 through 3, the Veteran should be afforded a VA examination to ascertain and evaluate the current impact of her service-connected psychiatric disability on her ability to sustain and maintain employment. The examiner is requested to review all pertinent records associated with the claims file. The Veteran is competent to attest to observable symptomatology. The examiner is requested to describe all functional effects and limitations of the psychiatric disability on the Veteran’s ability to perform regular work activities since June 2015. A thorough rationale is required for all conclusions. 5. After the above development has been completed, the AOJ should re-adjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Beech, 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.