http://www.va.gov/vetapp16/Files5/1641942.

txt
Citation Nr: 1641942
Decision Date: 10/31/16 Archive Date: 11/08/16

DOCKET NO. 05-38 129 ) DATE

)
)

On appeal from the

Department of Veterans Affairs Regional Office in New York, New York

THE ISSUE

Entitlement to a total disability rating based on individual unemployabilit

REPRESENTATION

Veteran represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

The Veteran

ATTORNEY FOR THE BOARD

M. Wulff, Associate Counsel

INTRODUCTION

The Veteran served on active duty in the United States Navy from February 1

This matter comes before the Board of Veterans' Appeals (Board) on appeal f

In the January 2005 rating decision, the RO, in relevant part, granted serv

In May 2013, the Board granted a separate 10 percent evaluation for radicul

During the course of the remand, the Veteran filed VA Forms 21-8940 in Apri

In May 2015, the Board again remanded the issue of entitlement to a TDIU on

In June 2007, the Veteran presented testimony at a hearing before a Veteran

This appeal was processed using the Virtual VA and the Veterans Benefits Ma

The Board notes that additional evidence was associated with VBMS after the
The appeal is REMANDED to the AOJ. VA will notify the Veteran if further a

REMAND

Although the Board regrets the additional delay, remand is necessary to ens

The Board notes that records from the Social Security Administration (SSA)

After obtaining any additional SSA records, the RO should again refer the V

Accordingly, the case is REMANDED for the following action:

1. The AOJ should obtain any outstanding SSA records, to include any decis

It is noted that the AOJ obtained records from the SSA in October 2014; how

If the search for such records has negative results, the claims file should

2. After completing the foregoing development, the AOJ should refer the is

3. After completing the above actions and any other development as may be

The Veteran has the right to submit additional evidence and argument on the

This claim must be afforded expeditious treatment. The law requires that a

_________________________________________________
ANTHONY C. SCIR, JR.
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. 7252 (West 2015), only a decision of the Board of Vete