Citation Nr: 21014598 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 14-16 701 DATE: March 15, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU), to include on an extraschedular basis, is remanded. REASONS FOR REMAND The Veteran had active service from May 1971 to July 1974. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this appeal in July 2018. In an August 2019 decision, the Board denied the Veteran’s claim for a TDIU. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020, the Court granted a Joint Motion for Remand (JMR) that vacated the August 2019 decision and remanded the issue to the Board for further development. The August 2020 JMR specifies that VA must attempt to obtain legible copies of the Veteran’s Social Security Administration records. The current copies in the record are poorly scanned and illegible in areas. A remand is necessary for the agency of original jurisdiction (AOJ) to rescan the documents or obtain new, legible copies. Further, the Board notes that these records may contain text and writing in a non-English language. If this is the case, such records should be translated prior to readjudicating the claim. The matters are REMANDED for the following action: 1. Rescan a complete copy of the Veteran’s records from the Social Security Administration and associate a legible copy with the claims file. If a legible rescan cannot be achieved, obtain a new copy of the records from the Social Security Administration, and associate it with the claims file. If no legible copy can be obtained, notify the Veteran and provide him with an opportunity submit a copy of the records himself. 2. If any records associated with the claims file are not in English, have them translated before readjudicating the claim. A. SOLOMON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Reed, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.