Citation Nr: 21025929 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 15-18 900 DATE: April 29, 2021 REMANDED Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities prior to August 12, 2019 is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1975 to October 1983 and from July 1985 to October 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded by the Board in November 2018, July 2019 and September 2020. 1. Entitlement to a TDIU due to service-connected disabilities prior to August 12, 2019 is remanded. VA treatment records dated August 2011 show that the Veteran reported making an Equal Employment Opportunity Commission (EEOC) complaint after he was fired from his job of nine years at Sears. In addition, VA treatment records dated March 2012 note that the Veteran reporting applying for employment at the Las Vegas VA Medical Center (VAMC). VA treatment records dated in 2018 show that Veteran was employed at the Las Vegas VAMC. In addition, prior to his application to work at the Las Vegas VAMC, an October 2011 VA treatment records shows that the Veteran reported receiving unemployment benefits, presumably from the state of Nevada. However, the Board notes that such records have not been obtained and associated with the claims file. Accordingly, remand is required to allow VA to request these potentially relevant records. The matters are REMANDED for the following actions: 1. Request the Veteran provide authorization and/or release for his EEOC records and Las Vegas VAMC federal employment records. After authorization by the Veteran, contact the EEOC, Las Vegas VAMC, Office of Personnel Management (OPM), and/or any other appropriate records depository and request all documents pertaining to any EEOC complaint, as well as federal employment records, to include any and all administrative or medical records, e.g., formal or informal reprimands, counseling records, disciplinary records, performance evaluations, and leave records (e.g., leave statements and Family and Medical Leave Act [FMLA] leave records). All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran and his representative must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 2. Request the Veteran provide authorization and/or release for VA to obtain records regarding his application for and receipt of unemployment benefits. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran and his representative must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 3. Thereafter, readjudicate the issue on appeal. James Springer Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Medina, 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.