Citation Nr: 25005244 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 20-17 586 DATE: April 17, 2025 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from April 1985 to April 2002. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a February 2022 hearing; a hearing transcript has been associated with the record. The record was held open for 90 days following the hearing to allow for the submission of additional evidence. This requested time period has now expired. In a December 2023 Board decision, the Board denied claims for an increased rating for the Veteran's bilateral feet hallux valgus, residuals of right index finger fracture with degenerative arthritis and residuals of right ring finger fracture with degenerative arthritis. The Board also remanded a claim for service connection for an acquired psychiatric disorder to the Agency of Original Jurisdiction (AOJ) for additional development. A February 2025 rating decision granted the Veteran's claim for service connection for a chronic adjustment disorder and assigned an initial rating. As this decision represents a full grant of the benefits sought with respect to this claim for service connection, such issue is no longer before the Board for consideration. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1977). The Veteran appealed the Board's December 2023 decision to the United States Court of Appeals for Veterans' Claims (Court), which pursuant to a November 2024 Joint Motion for Partial Remand of the parties, vacated the Board's decision to the extent the Board did not adjudicate a TDIU claim and remanded the matter for further consideration. The Veteran did not challenge the Board's denial of an increased rating for left and right hallux valgus with arthritis; an increased rating for residuals of a right index finger fracture; and an increased rating for a right ring finger fracture with degenerative arthritis; these decisions are final. The matter now returns for further appellate review. Entitlement to a TDIU is remanded. Pursuant to the November 2024 Joint Motion for Partial Remand, the parties agreed that the Board erred by failing to adjudicate the issue of entitlement to a TDIU in the context of the Veteran's increased rating claims. The parties agreed that the Veteran's representative also raised the issue of a TDIU in a July 2020 submission. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board notes that a Veteran's Application for Increased Compensation Based on Unemployability (VA Form 21-8940) has not been provided to the Veteran to substantiate his claim and his education and employment history is not clear from the record. On remand, such information should be obtained. The matter is REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claim on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and his representative and afford him an opportunity to submit any copies in their possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). (Continued on the next page) ? 2. Send the Veteran and his representative a notice letter informing him of what is needed to substantiate entitlement to a TDIU, to include a VA Form 21-8940, and of the allocation of responsibilities between the Veteran and VA for obtaining relevant evidence on his behalf. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Adeyemi, 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.