Citation Nr: 0007121 Decision Date: 03/16/00 Archive Date: 03/23/00 DOCKET NO. 98-03 828 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUE Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD S.M. Cieplak, Associate Counsel INTRODUCTION The veteran had active duty service from December 1991 to September 1996. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 1997 rating decision by the Roanoke, Virginia Regional Office (RO) of the Department of Veterans Affairs (VA). A notice of disagreement was received in August 1997, and a statement of the case was issued that same month. A substantive appeal was received in February 1998. It is noted that, although having requested a hearing before a travel section of the Board, the veteran failed to appear for the hearing scheduled for May 20, 1999. Further, the Board observes that claims for specially adapted housing and for a special home adaptation grant were denied by rating decision in February 1998. The veteran initiated an appeal with a timely notice of disagreement, but he did not file a substantive appeal in response to an April 1998 statement of the case. Accordingly, those issues are not in appellate status. 38 U.S.C.A. § 7105 (West 1991). REMAND The veteran's claim for a total rating based on individual unemployability is "well grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). See Stanton v. Brown, 5 Vet. App. 563, 571 (1993) (where an appellant stated that he could no longer seek or maintain employment, he presented a well- grounded claim for a total disability rating). He has presented a claim which is plausible. However, all relevant facts have not been properly developed, and further assistance to the veteran is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a) (West 1991). The veteran's representative points out that the record suggests that the veteran is now or was receiving VA Chapter 31 benefits. However, relevant records have not been associated with the claims file. Such record may include evidence pertinent to the issue on appeal, and therefore any available records should be obtained. The Board additionally observes that certain information concerning the veteran was sought by the Social Security Administration (SSA), thus suggesting the possibility that SSA disability benefits may have been applied for. Evidence related to any such SSA claim may also be relevant to the present appeal. In view of the need to defer appellate review to obtain VA records, appropriate action to obtain any pertinent SSA records should also be accomplished. Accordingly, the claim is remanded for the following actions: 1. Any VA medical records (clinical, hospitalization or examination) documenting treatment for service- connected disabilities which are not already of record should be obtained and associated with the claims file. 2. The RO should obtain the veteran's VA vocational rehabilitation folder and associate a copy of that file with the other evidence in the claims file. 3. The RO should obtain and associate with the claims file copies of any decisions by the Social Security Administration decisions pertaining to claims made by the veteran for disability benefits, along with any medical records associated with any Social Security claims filed by the veteran. 4. After completion of the above, the RO should review the record and determine whether any additional development (such as medical examination(s) and/or social and industrial survey) is necessary. After undertaking any such development deemed necessary, the RO should review the expanded record and determine if the veteran's claim for TDIU may now be granted. If the determination remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and afforded an opportunity to respond. The case should then be returned to the Board. The purpose of this remand is to obtain VA records and to assist the veteran. The veteran and his representative have the right to submit additional evidence and argument on the matter the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). ALAN S. PEEVY Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1999).