Citation Nr: 21029653
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 18-22 973A
DATE: May 14, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from October 1965 to May 1969 in the U.S. Air Force. This matter comes before the Board of Veterans' Appeals (Board) from an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California.

This matter was before the Board in June 2019, at which time the Board denied entitlement to a TDIU. The Veteran appealed the decision to the Court of Appeals for Veterans Claims (Court). In a January 2021 Joint Motion for Remand (JMR), the parties agreed that the Board failed to ensure compliance with the duty to assist when VA failed to attempt to obtain Social Security Administration (SSA) records. Accordingly, the Court vacated and remanded the case for further action consistent with the terms of the JMR.

As the record indicates that there may be outstanding relevant SSA records, remand is required to allow VA to request these records.

 

The matter is REMANDED for the following action:

Obtain relevant federal records from the Social Security Administration. Document all requests for information as well as all responses in the claims file.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.