Citation Nr: 0812310 Decision Date: 04/14/08 Archive Date: 05/01/08 DOCKET NO. 07-17 524 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD M. C. Graham, Counsel INTRODUCTION The veteran served on active duty from December 1943 to May 1946 and from November 1950 to August 1951. The instant appeal arose from a September 2006 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in which denied a claim for TDIU. This appeal is advanced on the docket of the Board of Veterans' Appeals (Board) due to the veteran's advanced age. 38 C.F.R. § 20.900(c) (2007). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The Board finds that additional development of the evidence is required to analyze the veteran's claim for a TDIU benefit due to service-connected disabilities. The veteran's service-connected disabilities are residuals of frostbite, right lower extremity, rated as 30 percent disabling; residuals of frostbite, left lower extremity, rated as 30 percent disabling; residuals of frostbite, right upper extremity, rated as 10 percent disabling; residuals of frostbite, left upper extremity, rated as 10 percent disabling; and malaria, onchyomycosis of the left foot and onchyomycosis of the right foot, all rated noncompensably disabling. His combined disability rating is 70 percent. The evidence of record contains the results of VA disability evaluations examinations conducted in April 2006; however, those examination reports contain little information regarding the effect of the disabilities on the veteran's ability to maintain gainful employment. Given the foregoing, the veteran should be scheduled for an appropriate VA examination for the purpose of determining the impact that the veteran's service-connected disabilities have on his ability to engage in a substantial gainful occupation. In addition, in July 2006 VA attempted to develop information about the veteran's past employment from Ford Motor Company, his employer of 25 years (from 1963 to 1988); however, no response was received from Ford. Another attempt should be made to develop this employment evidence. Accordingly, the case is REMANDED for the following action: 1. Schedule the veteran for a VA examination to determine the current level of severity of the service connected residuals of frostbite, malaria, and onchyomycosis of the feet. The veteran's claims folder must be made available to and reviewed by the examining physician in connection with the examination. Following the examination, the examiner should address the following: a) Describe all symptoms caused by the service-connected residuals of frostbite, malaria, and onchyomycosis of the feet, as well as the severity of each symptom. b) State whether the veteran's service-connected residuals of frostbite, malaria, and onchyomycosis of the feet prevent him from obtaining or retaining a substantially gainful occupation. Specifically, the examiner should describe what types of employment activities would be limited due to the appellant's service-connected disabilities and any associated disorder, bearing in mind his entire social-medical history, particularly, any degree of industrial impairment caused by one or more nonservice-connected disorders, including his self- reported coronary artery disease, status post bypass graft; hypertension; prostate condition; and status post total left knee replacement. A rationale should be provided for all opinions expressed. 2. Thereafter, make a second request for the veteran's employment information from the Ford Motor Company and enclose a VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits. 3. After completion of the above and any additional development of the evidence that the RO may deem necessary, the RO should review the record and readjudicate the TDIU issue on appeal. If the benefit sought remains denied, the veteran and his representative should be issued an appropriate supplemental statement of the case and afforded the opportunity to respond. The case should then be returned to the Board for further appellate review, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ MARJORIE A. AUER Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), 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) (2007).