Citation Nr: 22049255
Decision Date: 08/30/22	Archive Date: 08/30/22

DOCKET NO. 16-43 716
DATE: August 30, 2022

REMANDED

Entitlement to service connection for an acquired psychiatric disorder to include a sleep disorder and to include as due to Gulf War Illness and in-service malaria medication, 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 October 1975 to September 1979 and from February 1981 to June 1995.

This appeal is before the Board of Veterans' Appeals (Board) from a March 2014 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in July 2020, at which time it was remanded; it is now returned to the Board for consideration.

While the Board regrets further delay, after a fresh review of the evidence, the Board finds the evidence of record indicates there are outstanding medical records pertinent to the Veteran's claims.

1. Acquired Psychiatric Disorder

During the Veteran's November 2019 Board hearing he testified he is in receipt of Social Security Administration (SSA) disability benefits and the evidence of record indicates he has been in receipt of such benefits since July 1, 2011. Also, in November 2019, the Veteran submitted a SSA letter indicating some of the evidence utilized to determine his claim included a September 2011 private psychiatric opinion from a Dr. M.O. and an August 2011 opinion from his VA physician, Dr. J.S. While the Board acknowledges SSA records were received in January 2014, those records do not include such opinions. Indeed, it appears the Veteran submitted the records and no formal request from the VA for the Veteran's entire file has been made. As more records may be in the possession of the SSA, specifically, records that pertain to the Veteran's service connection claim, a remand is required to acquire such records and ensure a complete record on which to adjudicate the appeal. As such, upon remand, all records pertaining to any applications for SSA disability benefits, any decisions or determinations regarding such benefits, and any submitted medical records associated with his claim, should be obtained and associated with the claims file. See Murincsak v. Derwinski, 2 Vet. App. 363 (1992).

2. TDIU

The Board finds that the claim for a TDIU is inextricably intertwined with the service connection claim that is remanded because the evidence received in connection with, and the determinations on, the other claim could materially affect the outcome of the TDIU claim. See 38 C.F.R. § 4.16; see also Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Therefore, the Veteran's claim for a TDIU must also be remanded.

The matters are remanded for the following actions:

1. Obtain all SSA records, including all records pertaining to the Veterans application for SSA disability benefits, as well as any decisions or determinations or medical records associated with the claim regarding such benefits and associate them with the claims file.

2. After the above is completed, readjudicate the Veteran's claims. 

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Attorney Advisor, Tyler R. Masters

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.