Citation Nr: 22015233
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 14-36 588
DATE: March 16, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from May 1980 to May 1983, from September 1997 to March 2005, and from April 2006 to October 2007. 

Entitlement to a total disability rating based upon individual unemployability is remanded.

Remand is necessary to obtain relevant records.  

A June 2010 record showed the Veteran applied for worker's compensation benefits. Those records are relevant to the Veteran's claim of TDIU. To date, those records have not been associated with the claims file. Additionally, the record shows that the Veteran was employed at the VA through September 2014; however, the NPRC only provided employment records through February 2013. Social Security Administration records show that in September 2014 the Veteran claimed she was unable to work as of this point. Therefore, remand is necessary to obtain updated employment records for the Veteran's entire period of employment. 

The matters are REMANDED for the following action:

1. Contact the NPRC to obtain the Veteran's complete federal government employee personnel documents pertaining to her employment. Make as many requests as are necessary to obtain these records. These efforts may end only a formal finding of unavailability is issued if it can be concluded that the records sought do not exist or that further efforts to obtain those records would be futile, such as if the record custodian advises VA that the requested records do not exist or the custodian does not have them, and there is no further indication of an alternative records custodian who may have the records.

2. Contact the Veteran and obtain any necessary information and authorization to request all records in connection with the claim for Workers' Compensation, including medical records and/or any administrative decisions. All such available documents should be associated with the claims file.

3. Readjudicate the issue on appeal. If any benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). 

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Shana Z. Siesser, 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.