Citation Nr: 21027178
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 15-11 722
DATE: May 4, 2021

REMANDED

Entitlement to service connection for a back disorder is remanded.

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

REASONS FOR REMAND

The Veteran had active duty from July through December of 1973 and a period of active duty for training (ACDUTRA) from April through September of 1981.

The issues on appeal arise from the Veteran's April 2013 claim and the agency of original jurisdiction's (AOJ's) August 2014 rating decision.  The issues on appeal were remanded previously by the Board in August 2018.  Although the AOJ has completed the development ordered in the previous remand, that development has uncovered new information that warrants additional development.

1. Treatment records relating to the Veteran's August 2020 back surgery, associated hospitalization, and post-surgical physical therapy and follow-up.

Records for VA treatment received by the Veteran from July through December 2020 mention that the Veteran underwent back surgery in August 2020, performed by Dr. S. at HIMA Caguas.  Records relating to the surgery, associated hospitalization, post-surgical physical therapy, and post-surgical follow-up evaluation with Dr. S. are not associated with the record.  It is likely that those records contain additional information and evidence that relates to the Veteran's claim.  As such, VA must obtain those records.

2. Entitlement to TDIU is remanded.

The ultimate disposition of the issue of the Veteran's entitlement to service connection for a back disorder could significantly impact VA's analysis and the ultimate outcome of the Veteran's claim for TDIU.  The issues are therefore inextricably intertwined and the issue of the Veteran's entitlement to TDIU must be deferred, pending the disposition of his claim for service connection for a back disorder.

The matters are REMANDED for the following action:

1. The Veteran should be asked whether he has additional evidence pertaining to his claims remaining on appeal.  Records for VA treatment received by the Veteran since December 2020 and any relevant private treatment identified by the Veteran and not already of record should be obtained.  If the records are not available, such unavailability should be documented in the record.  The Veteran should be notified of unsuccessful efforts to allow them the opportunity to obtain and submit those records for VA review.

2. Obtain records relating to the Veteran's August 2020 back surgery that was performed by Dr. S. at HIMA Caguas, as mentioned in the July 2020 VA treatment records.  If the records are not available, such unavailability should be documented in the record.  The Veteran should be notified of unsuccessful efforts to allow him the opportunity to obtain and submit those records for VA review.

3. Complete any other development that is indicated by the evidence of record.

4. After completion of the above development, the issues on appeal should be readjudicated.  If the determination remains adverse to the Veteran, he and his representative should be furnished with a SSOC and be given an opportunity to respond.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D.S. 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.