Citation Nr: 21022464
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 18-06 580
DATE: April 15, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active duty, including from April 1974 to July 1978 and January 1980 to January 1983, as well as, Reserve and National Guard service.  

The Veteran had a hearing before the undersigned Veterans Law Judge in October 2019.

In November 2019, the Board remanded TDIU and a claim for service connection for bilateral knee disorders for further development.  The claims for service connection for knee disorders were granted in a July 2020 rating decision.  

The Board notes that in September 2020 the Veteran filed a notice of disagreement with the July 2020 rating decision, that matter is part of a separate appeal stream and is not part of the current appeal before the Board.  

1.  Entitlement to a TDIU is remanded.

The Board previously remanded in part to obtain employment information from the Miami Dade Police Department.  Although the July 2020 supplemental statement of the case (SSOC) states that the RO did not receive the requested VA Form 21-4192 for employment information from the Veteran, the claims file shows that the Veteran submitted the requested form in February 2020.  As such, the records identified should be obtained.  

Additionally, the Board had remanded to obtain unassociated VA medical records.  Such records, such as one from April 2004, indicate that the Veteran is in receipt of Social Security Administration (SSA) disability benefits.  Also, an April 2003 VA medical record indicates that the Veteran also received workers’ compensation benefits.  A remand is required to allow VA to request these records.

The matters are REMANDED for the following actions:

1. Ask the Veteran to complete a VA Form 21-4142 or other appropriate form for any relevant private medical providers, to include any workers’ compensation information.  Make two requests for the authorized records from identified provider(s) unless it is clear after the first request that a second request would be futile. 

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2. Obtain the Veteran’s federal records from SSA.  Document all requests for information as well as all responses in the claims file. 

3.  Obtain the records identified in the February 2020 VA Form 21-4192 for employment information from the Miami Dade Police Department.  Make two requests for the authorized records from the employer unless it is clear after the first request that a second request would be futile.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lindio

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.