Citation Nr: 22017868
Decision Date: 03/26/22	Archive Date: 03/26/22

DOCKET NO. 14-14 654
DATE: March 26, 2022

REMANDED

Entitlement to a disability evaluation in excess of 30 percent for sarcoidosis is remanded.

Entitlement to a total disability evaluation based on individual unemployability (TDIU) prior to December 2, 2014, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from October 1980 to August 1982.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision by the Department of Veterans Affairs (VA) Veterans Benefits Administration.  In July 2021, this matter was last before the Board, at which time it was remanded.  Unfortunately, another remand is necessary to decide the claims.

1. Entitlement to a disability evaluation in excess of 30 percent for sarcoidosis is remanded.

A review of the record indicates that there are outstanding medical records of non-VA treatment authorized by VA.  VA records disclose that in August 2016, the Veteran was referred by VA to Pulmonary Associates for treatment of his sarcoidosis.  VA has not obtained these records.  The Veteran's non-VA Choice/Community Care records are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  VA has a duty to make as many requests as necessary to obtain records in the custody of a Federal department or agency unless concluding they do not exist or that further efforts to obtain them would be futile.  38 C.F.R. § 3.159(c)(2).  A remand is required to allow VA to attempt to obtain these records.

The matter must also be remanded to attempt to obtain any medical records that have been scanned into the Veteran's VA medical records.  An August 10, 2016, VA record documents that non-VA records from Pulmonary Associates had been scanned into the Veteran's records; however, the scanned documents have not been associated with the claims file.  VA must attempt to obtain these records.  Id.

2. Entitlement to a TDIU prior to December 2, 2014, is remanded.

Lastly, a review of the record discloses that the Veteran participated in VA's Compensated Work Therapy Program (CWT) in 2012.  See October 2012 VA 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability).  Upon remand, these records should be obtained.  Id.

The matters are REMANDED for the following action:

1. Obtain and associate with the record copies of all non-VA treatment authorized by VA (e.g., Choice First, Veteran's Choice or Community Care programs).

Conduct any ensuing additional development, as necessary, and document negative results.  Any negative search results should be noted in the record and communicated to the Veteran pursuant to 38 C.F.R. § 3.159(e).

2. Obtain and associate with the record copies of any records found in Vista Imaging that are not currently associated with the record.

Conduct any ensuing additional development, as necessary, and document negative results.  Any negative search results should be noted in the record and communicated to the Veteran pursuant to 38 C.F.R. § 3.159(e).

3. Obtain and associate with the record copies of the Veteran's VA Vocational Rehabilitation and Vocational Counseling records, including any Compensated Work Therapy (CWT) records.

Conduct any ensuing additional development, as necessary, and document negative results.  Any negative search results should be noted in the record and communicated to the Veteran pursuant to 38 C.F.R. § 3.159(e).

4. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joseph R. Keselyak, 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.