Citation Nr: 22015809 Decision Date: 03/19/22 Archive Date: 03/19/22 DOCKET NO. 16-11 749 DATE: March 19, 2022 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1972 to September 1976. He testified at a January 2019 videoconference hearing before the undersigned. These matters were before the Board in April 2019 and July 2021 when they were remanded for additional development. The Board regrets further delay in adjudicating these matters; however, for reasons discussed below, remand is necessary pursuant to Stegall v. West, 11 Vet. App. 268 (1998)] Service Connection for a Back Disability The April 2019 and July 2021 Board remands directed relevant treatment records be requested from the appropriate VA facilities in Indiana and Florida. In this regard, the Veteran testified that he received treatment at VA medical facilities in Indiana as early as 1976; thereafter, he was treated at facilities in Florida. See January 2019 hearing transcript. The evidence of record shows records from the VA outpatient clinic in Broward County, Florida, were requested in August 2021; however, no response to this request is contained in the record. See March VA Form 10-7131. Also, in November 2021, the Veteran clarified that prior to 2005 he was treated at the VA outpatient clinic in Riviera Beach, Florida. See November 2021 VA Form 27-0820. Although one April 1988 treatment record from Riviera Beach was associated with the claims file in May 1988, no subsequent treatment records from this facility have been sought. Therefore, this case must be remanded so that an attempt may be made to obtain copies of these records. See 38 U.S.C. §5103A(c); Bell v. Derwinski, 2 Vet. App. 611 (1992). TDIU Consideration of entitlement to a TDIU is dependent upon the impact of the Veteran's service-connected disabilities on his ability to obtain or retain substantially gainful employment. Accordingly, the matter of a TDIU is inextricably intertwined with the Veteran's service connection claim remanded herein. Harris v. Derwinski, 1 Vet. App. 180 (1991). Remand of the inextricably intertwined TDIU claim is, thus, also required. The matters are REMANDED for the following actions: 1. Request relevant treatment records from the appropriate VA facilities in Riviera Beach, Florida, and Broward County, Florida, as noted above, and all other VA facilities the Veteran specifies, beginning in September 1976. (Continued on the next page) 2. Thereafter, if additional, relevant treatment records are obtained, obtain any additional medical opinions deemed necessary. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Fletcher, Kathleen 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.