Citation Nr: 21028272
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 17-63 870
DATE: May 10, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran's claims file shows verified active duty service from August 1977 to August 1980 and April 1986 to February 1999.  Personnel records indicate additional active duty service from July 1973 to August 1977.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from      a June 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified at a virtual hearing before the undersigned Veterans Law Judge in March 2021.  A transcript of that hearing has been associated with the claims file.

The Board finds that a remand is necessary in order to afford the Veteran a VA examination that provides additional information regarding the functional impact of the orthopedic disabilities upon his ability to work.  

The Board also notes that the AOJ requested Social Security Administration (SSA) records.  While the medical records upon which an SSA decision was based have been associated with the claims file, the actual SSA decision is not.  Thus, on remand, the AOJ should attempt to obtain any available SSA decisions and/or SSA assessments and associate them with the claims file.

Additionally, the Board finds that the AOJ should attempt to obtain employment information regarding the employer the Veteran worked for in 2020, as identified by the Veteran during his March 2021 hearing.

Accordingly, the case is REMANDED for the following action:

1.  The AOJ should request a copy of any SSA decisions and SSA assessments and associate them with the claims file.  If the search for such documents has negative results, the claims file should be properly documented as to the unavailability of those records.

2.  The AOJ should attempt to obtain employment information from the employer discussed during the March 2021 hearing.

3.  After completing the foregoing development, the AOJ should schedule the Veteran for a VA examination to address the functional impact of the Veteran's service-connected orthopedic disabilities. The examiner should review the record and complete a physical examination.

The examiner should consider the functional impact of the service-connected back, neck, feet, and right knee disabilities. In light of these disabilities, the examiner should provide some discussion regarding the impact of these disabilities upon the Veteran's ability to work, in light of his past employment and education.

A written copy of the report should be associated with the electronic claims folder. 

4.  After completing these actions, the AOJ should conduct any other development as may be indicated by a response received as a consequence of the actions taken in the preceding paragraphs.

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Rideout-Davidson, 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.