Citation Nr: 18123967
Decision Date: 08/06/18	Archive Date: 08/03/18

DOCKET NO. 18-32 764
DATE:	August 6, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1967 to September 1970 and from February 1977 to July 1995. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
TDIU
During a December 2016 VA mental health examination, the Veteran reported that he is in receipt of Social Security Administration (SSA) disability benefits due to his service-connected glaucoma.  There is no indication in the record that any attempts have been made to obtain records in conjunction with the Veteran’s claim for SSA disability benefits and, indeed, his SSA records are not currently in the claims file.  Therefore, on remand, any determination pertinent to the Veteran’s claim for SSA benefits, as well as any medical records relied upon concerning that claim, should be obtained.  See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992) (where VA has actual notice of the existence of records held by SSA which appear relevant to a pending claim, VA has a duty to assist by requesting those records from SSA).
The matter is REMANDED for the following action:
1. Request the SSA to provide copies of any records pertaining to the Veteran’s application for SSA disability benefits, in any, to include any medical records obtained in connection with the application.  Any materials obtained should be associated with the Veteran’s VA claims folder.
If, after continued efforts to obtain Federal records the AOJ concludes that it is reasonably certain they do not exist or further efforts to obtain them would be futile, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e).  The Veteran must then be given an opportunity to respond.
 
BISWAJIT CHATTERJEE
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Arif Syed, Counsel

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency

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