Citation Nr: 21040992 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 16-00 844 DATE: July 7, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1993 to January 1997 and from March 2006 to April 2013. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to a TDIU is remanded. In February 2021, the Board found that the issue of entitlement to a TDIU was part and parcel of the Veteran's claim for an increased rating for headaches, which dated back to April 9, 2013, the day after the Veteran separated from service. The Board assigned the maximum available schedular rating for headaches for the entire appeal period and remanded the issue of entitlement to a TDIU for further development. Specifically, the Board directed the RO to send the Veteran a VA Form 21-8904, Veteran's Application for Increased Compensation Based on Unemployability, in order to determine the Veteran's employment history and other related factors. The claims file reflects that the RO sent a VA Form 21-8904 to the Veteran on February 11, 2021, however a completed form has not been received. In June 2013, two months after the Veteran's separation from service, she submitted a VA Form 28-1902w, Rehabilitation Needs Inventory (RNI). On this form, the Veteran noted that she had medical needs that were not being met, that she used adaptive equipment, and that she was experiencing knee pain and migraine headaches. She further noted that her disabilities were not stable and were worsening. The Veteran noted that she had pending claims for unemployment and social security disability income. However, the claims file does not contain any records from Social Security Administration (SSA) or any indication that VA attempted to obtain such records. The Board notes that while SSA records are not controlling for VA determinations, they may be "pertinent" to VA claims. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992); Collier v. Derwinski, 1 Vet. App. 412 (1991). Hence, when the VA is put on notice of the possible existence of SSA records, as here, it must seek to obtain those records before proceeding with the appeal. See Murincsak, supra; see also Lind v. Principi, 3 Vet. App. 493, 494 (1992). Accordingly, remand is warranted to obtain outstanding SSA records. The matters are REMANDED for the following action: (Continued on the next page) 1. Send the Veteran a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, for completion. 2. The RO should request that SSA furnish a copy of any decision awarding the Veteran disability benefits, as well as copies of all medical records underlying that determination. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Watkins, 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.