Citation Nr: 21031618 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 19-03 225 DATE: May 24, 2021 REMANDED Entitlement to an increased rating for major depressive disorder is remanded. Entitlement to an increased rating for endometriosis is remanded. Entitlement to an increased rating for migraine headaches is remanded. Entitlement to a total disability rating due to individual unemployability is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1998 to April 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from April 2017 and May 2017 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2019 the Board remanded the matter to, among other things, obtain outstanding treatment records. In a November 2019 submission the Veteran and her attorney withdrew several of the claims that were the subject of the Board's prior October 2019 decision: service connection for left achilles strain, for insomnia, for joint pains; claims for earlier effective dates for endometriosis, for migraine headaches, and for tinnitus; and, a claim for an increased rating for tinnitus. Accordingly, as the Veteran and her attorney have validly withdrawn these claims, they are no longer before the Board. 38 C.F.R. § 19.55. Remaining before the Board are the Veteran's claims for increased ratings for major depressive disorder, for endometriosis, for migraine headaches, and for a total disability rating due to individual unemployability. Unfortunately, the Board finds further remand is required. Regarding all the claims, the record reflects that new Social Security Administration (SSA) records may exist and have not been associated with the Veteran's claims file. Though an October 2013 response from the SSA stated that at that time all existing medical records had been destroyed, a March 2014 treatment note with Dr WP indicates that the Veteran had requested that Dr WP submit treatment records to the SSA, and an August 2019 VA inquiry to the SSA showed that the Veteran had submitted a claim that had been disallowed. Given this evidence indicating that since 2013 there are additional outstanding SSA documents, the Board must remand for attempts to obtain them. 38 C.F.R. § 3.159(c)(2); see Dunn v. West, 11 Vet. App. 462, 466-67 (1998); Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). Regarding the claim for an increased rating for migraine headaches, the Board's prior decision directed that the Veteran's claim be readjudicated, and though on remand a June 2020 rating decision partially granted an increased rating, there was no supplemental statement of the case issued adjudicating entitlement to an even higher rating. 38 C.F.R. § 19.31(c); see AB v. Brown, 6. Vet. App. 35, 38 (1993). The Board must therefore remand for a supplemental statement of the case to be issued. 38 C.F.R. § 19.31(c); see Dyment v. West, 13 Vet. App. 141, 14647 (1999). Finally, regarding the claim for a total disability rating due to individual unemployability (TDIU), treatment records throughout 2019 reflect that the Veteran had begun working a job teaching online to overseas students. Though the Veteran filed a new application for compensation based on unemployability (VA Form 21-8940) in August 2020, the employment statement section of that filing did not list the details of the teaching job in 2019. The Board notes that a full history of the Veteran's employment is highly probative to entitlement to a TDIU, and therefore on remand the Board will direct the RO to request the Veteran submit an updated VA Form 21-8940 regarding any work during 2019. Accordingly, the matters are REMANDED for the following action: 1. Take appropriate action to associate any Social Security Administration records with the Veteran's claims file. 2. Contact the Veteran and request that she complete a VA Form 21-8940 (Application for Increased Compensation Based on Unemployment), to include details of employment in 2019. 3. After sufficient time passes to collect the above evidence, issue a supplemental statement of the case for the claim for increased ratings for migraine headaches, and issue a supplemental statement of the case for the other claims if appropriate. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Davis, 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.