Citation Nr: 21029689
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 11-04 574
DATE: May 14, 2021

REMANDED

For the period prior to July 21, 2009, entitlement to an initial rating higher than 10 percent for status post shot gun injury of the left foot (left foot disability) is remanded.

For the periods from July 21, 2009 to November 13, 2009 and since July 1, 2010, entitlement to a disability rating in excess of 30 percent for the Veteran's left foot disability is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1982 to March 1982.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from August 2009, December 2009 and March 2012 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. 

The Veteran's claims for increased disability ratings for her left foot disability were previously before the Board, most recently in June 2018.  At that time, the Board partially denied the claims and the Veteran appealed to the Court of Appeals for Veterans Claims (CAVC).  In January 2020, CAVC issued a decision vacating the June 2018 Board decision and remanding for further action.  

Following the CAVC remand, the Veteran has requested that the Board remand these matters in order for the RO to obtain Social Security Administration (SSA) records and associate them with the claims file.  The record reflects that the Veteran is in receipt of SSA benefits.  As those records may be relevant to the appeal, complete SSA records should also be obtained prior to adjudication of the Veteran's claims. See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).  The matters are remanded to develop the record accordingly.    

The matters are REMANDED for the following action:

Obtain all records associated with any claim the Veteran filed for Social Security disability benefits, including copies of any decisions and copies of the medical records relied upon concerning that claim. All attempts to secure these records must be documented in the record, and the Veteran must be notified of the unavailability of any records in accordance with 38 C.F.R. § 3.159(e). 

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Snyder, 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.