Citation Nr: 21021665
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 16-39 843
DATE: April 13, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASON FOR REMAND

The Veteran served on active duty from February 1966 to July 1966 and from May 1968 to August 1969.  This matter comes before the Board of Veterans’ Appeals (Board) from a June 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the undersigned Veterans Law Judge in August 2019, and a transcript of that hearing is of record.

In November 2019, the Board denied this claim, and the Veteran appealed to the United States Court of Appeals for Veterans Claims (CAVC). Pursuant to a joint motion for partial remand (JMPR) granted by the CAVC in November 2020, the November 2019 Board decision was vacated and remanded to obtain VistA imaging documents and Social Security Administration (SSA) records.   

The parties to the JMPR specifically noted that the following VA Ophthalmology records were identified but not scanned into the VistA system: May, June, and November 2015 Ophthalmology Clinic notes contained in VistA, September 2016 VA Ophthalmology Clinic Notes contained in VistA; March and June 2017 VA Ophthalmology Clinic Notes contained in VistA; and December 2018 Ophthalmology Clinic Note contained in VistA. Thus, the Board finds it necessary to obtain outstanding VistA imaging documents. 

Additionally, the available tax returns reflect that the Veteran receives benefits from the SSA. Accordingly, those records should be obtained.  

The matter is REMANDED for the following actions:

1. Obtain and associate with the Veteran’s claims file VA treatment records the following VA records:

(a.) All VA Ophthalmology Clinic Notes contained in VistA imaging dated from January 5, 2015 to present; 

(b.) All VA progress notes for treatment from February 2020 to present. 

2. Obtain and associate with the Veteran’s claims file all outstanding SSA records. 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Lee

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.