Citation Nr: 21031544
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 16-38 991
DATE: May 24, 2021

REMANDED

Entitlement to service connection for a right ankle disability is remanded.

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.

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

REASONS FOR REMAND

The Veteran had active service in the United States Army that is considered honorable for VA purposes from October 2004 to February 2008.

These matters come before the Board of Veterans' Appeals (Board) on appeal from an October 2013 rating decision by the Department of Veterans Affairs (VA)Regional Office (RO) in Waco, Texas.

In November 2018, the Board remanded the case for additional development.  

1. Entitlement to service connection for a right ankle disability is remanded.

2. Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded.

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

Issues 1-3:  The Veteran is seeking service connection for a right ankle disability, which he contends is related to an inservice ankle injury.  He is also seeking a higher rating for his service-connected PTSD, currently rated as 70 percent disabling.  The Veteran has reported difficulty maintaining employment because of his psychiatric disability.  In Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009), the Court held that a request for TDIU, whether expressly raised by a Veteran or reasonably raised by the record, is not a separate claim for benefits, but rather involves an attempt to obtain an appropriate rating for a disability or disabilities, either as part of the initial adjudication of a claim, or, as part of a claim for increased compensation.  Thus, although the issue of TDIU was not addressed by the RO, the Board will address whether the Veteran has been entitled to TDIU for any time during the appeal period.  The Board has listed the TDIU issue as a separate claim for administrative purposes. 

VA outpatient treatment records reflect that the Veteran has reported receiving disability benefits from the Social Security Administration (SSA).  No clear determination as to the availability of any records which may have been in the possession of the SSA has been made.  The Court has indicated that medical records upon which an award of Social Security disability benefits has been predicated are relevant to VA claims for service connection.  Murincsak v. Derwinski, 2 Vet. App. 363 (1992); see also Quartuccio v. Principi, 16 Vet. App. 183, 188 (2002) (possibility that SSA records could contain relevant evidence cannot be foreclosed absent a review of those records).  Accordingly, on remand, the RO should attempt to obtain any available SSA records, including any medical records the Veteran submitted in support of his claim.  

The matters are REMANDED for the following action:

1. Obtain the Veteran's federal records from the Social Security Administration (SSA).  Document all requests for information as well as all responses in the claims file.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

James A. DeFrank

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E.D. Anderson, 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.