Citation Nr: 22017166
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 15-18 781A
DATE: March 24, 2022

REMANDED

The issue of entitlement to an evaluation in excess of 30 percent disabling for service-connected major depressive disorder (MDD), also claimed as sleep disturbance, for the period prior to August 15, 2012, and entitlement to an evaluation in excess of 50 percent disabling for the period thereafter, is remanded.

The issue of entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to September 21, 2014, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 2000 to February 2001, and from August 2005 to November 2006.

In December 2018, the Board remanded the appeal for additional development.  For the reasons outlined below, the Board finds that remand is again needed in this matter.

In December 2020, the Veteran's disability evaluation for the service-connected MDD, also claimed as sleep disturbance, was increased to 50 percent disabling, effective August 15, 2012.  See Rating decision, December 2020.  The increased evaluation is reflected in the issues on appeal.

1. Entitlement to an increased evaluation for service-connected MDD, also claimed as sleep disturbance.

2. Entitlement to a TDIU for the period prior to September 21, 2014.

The Board finds that additional development is needed.  Specifically, the Board finds that there may be outstanding records from the Social Security Administration (SSA) to obtain and associate with the claim file.  See SSA/SSI Letter, May 2011.

The matters are REMANDED for the following action:

1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issues on appeal.

In addition, obtain relevant records from the SSA pertaining to any application or award of disability benefits to the Veteran.

All efforts should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.

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2. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Foster, 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.