Citation Nr: 21028470
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 11-28 872
DATE: May 11, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) prior to April 24, 2017, to include on an extraschedular basis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1979 to February 1987.

The claims file contains some Social Security Administration (SSA) records, including a March 2009 regional office determination that the Veteran's thoracolumbar disability was not severe enough to prevent employment, and an August 2010 Administrative Law Judge (ALJ) decision reversing the regional office and determining that the Veteran's thoracolumbar spine disorder was severe enough to prevent employment as of April 15, 2008.  The Board notes that the Veteran is service-connected for his thoracolumbar spine disorder.

The SSA ALJ's notice of decision, however, indicates that the rationale for the favorable determination were explained by the ALJ at the SSA hearing.  A transcript of that hearing is not part of the claims file.  As the SSA ALJ's findings and rationale are relevant to the issue before the Board, a remand is needed to attempt to obtain a transcript of the SSA hearing.

The matters are REMANDED for the following action:

Obtain all medical and legal records pertaining to the Veteran's SSA disability claim, specifically including a transcript of the hearing conducted by the SSA Administrative Law Judge, held August 19, 2010.  See August 2010 SSA Notice of Decision.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Howell, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.