Citation Nr: 18141675 Decision Date: 10/11/18 Archive Date: 10/11/18 DOCKET NO. 14-34 543A DATE: October 11, 2018 ORDER The April 5, 2018, Board of Veterans’ Appeals decision is vacated solely in regard to the issue of entitlement to a total disability rating based upon unemployability (TDIU) from April 1, 2010, through September 11, 2014. REMANDED Entitlement to TDIU, from April 1, 2010, through September 11, 2014, is remanded. FINDING OF FACT On April 5, 2018, the Board issued a decision denying entitlement to TDIU from April 1, 2010, through September 11, 2014. In that decision, the Board failed to consider the impact of the Veteran’s service-connected diabetes mellitus on his employability. CONCLUSION OF LAW That portion of the April 5, 2018, Board decision denying entitlement to TDIU from April 1, 2010, through September 11, 2014, is vacated. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 1969 to March 1972. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. In October 2017, the Veteran testified at a hearing in Montgomery, Alabama, before the undersigned Veteran’s Law Judge (VLJ). A transcript of this hearing has been associated with the claims file. On April 5, 2018, the Board issued a decision that, in part, denied entitlement to TDIU. For reasons discussed below, the Board is vacating its April 5, 2018, decision with respect to that issue only. The Board will also reissue a decision herein, remanding the claim for further development. The Board notes that the April 2018 decision referred the issue of entitlement to compensation for bronchial asthma/chronic bronchitis (claimed as continual respiratory problems/lung condition) due to herbicide exposure. However, such was in error as the Veteran was previously notified by the RO in October 2011 that further action was needed by the Veteran if he wished to pursue such claim. Additionally, it appears that the Veteran’s previously referred claim for an increased rating for posttraumatic stress disorder (PTSD), raised in a March 2011 statement, remains unadjudicated by the Agency of Original Jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over it, and it is again referred to the AOJ for appropriate action. 38 C.F.R. §19.9(b). I. Vacatur The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. On April 5, 2018, the Board issued a decision denying entitlement to TDIU from April 1, 2010, through September 11, 2014. In that decision, the Board failed to discuss the impact of the Veteran’s service-connected diabetes mellitus on his employability. The Board finds that such omission amounts to a denial of due process of law under 38 C.F.R. § 20.904. As such, that portion of the April 5, 2018, Board decision denying entitlement to TDIU from April 1, 2010, through September 11, 2014, is vacated. REASONS FOR REMAND TDIU from April 1, 2010, through September 11, 2014 Upon review of the record, the Board finds that, while opinions have been provided during the appeal period regarding the functional impact of the Veteran’s service-connected disorders, the combined functional effects were not considered. Accordingly, a retrospective opinion addressing combined effects of the Veteran’s service-connected disabilities should be obtained. The matter is REMANDED for the following action: 1. Make the claims file available to a medical professional to offer a retrospective opinion regarding the combined functional effects of the Veteran’s service-connected disabilities. An examination of the Veteran is not required unless deemed necessary by the medical professional selected to offer the opinion. Following review of the record, the clinician should fully describe the combined functional effects of the Veteran’s then service-connected disabilities- PTSD, diabetes mellitus, status-post prostate surgery, bilateral hearing loss and tinnitus-on his ability to perform the mental and/or physical actions required for gainful employment from April 1, 2010, through September 11, 2014. In doing so, the clinician should describe what types of employment activities would be limited because of the service-connected disabilities, what types of employment would not be limited (if any), and whether any limitation on employment is likely to be permanent. A rationale should be given for any opinion provided.   2. Readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A.Z., Counsel