Citation Nr: 18141796 Decision Date: 10/11/18 Archive Date: 10/11/18 DOCKET NO. 09-32 054 DATE: October 11, 2018 REMANDED Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1968 to July 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2008 rating decision. The Board remanded this case to the Agency of Original Jurisdiction (AOJ) most recently in November 2014 for additional development, and it now returns to the Board for appellate review. 1. Entitlement to a TDIU is remanded. Unfortunately, another remand is required in this case regarding the Veteran’s entitlement to a TDIU. The November 2014 Board remand required that the Veteran’s VA examination be scheduled at the Savannah Georgia VAMC or a fee-basis examination that is equally accessable to the Veteran as his physical disabilities and medications make travel difficult; however, a January 2015 examination request scheduled VA examinations at the Dublin VAMC, which is very far from his home. Then, in January 2018, the Veteran was scheduled for a fee-basis examination at a closer location and the Veteran again did not report. In May 2018, the Veteran indicated that he would not be able to attend VA examinations as he was too sick. However, subsequently in August 2018, the Veteran’s representative noted that the Veteran is able and willing to attend a VA examination as long as it is scheduled at the Savannah, Georgia VAMC or a contract examination that is a reasonable distance from his home as directed by the November 2014 Board remand instructions as his physical disabilities and medications make extended travel difficult. While it appears that the Agency of Original Jurisdiction (AOJ) has attempted to comply with all aspects of the Board’s prior remand, it now appears that the Veteran is willing an able to attend a VA examination pursuant to information from the Veteran’s representative. Thus, another remand is required. The matter is REMANDED for the following action: 1. Contact the Veteran to determine the details of when and where he is willing and able to report for a VA examination. If he is unable to report for such examination, inform him that he can submit the information requested by the Board remand from his own health care providers as long as they are responsive to the Board’s inquiries. 2. Then, if in order, schedule the Veteran for a VA examination to determine the functional and occupational impairment caused by the Veteran’s service-connected disabilities (migraine headaches; right wrist fracture with residual weakness; and residuals of left elbow fracture). The claims folder must be made available to the examiner for review in conjunction with the examination. All necessary special studies or tests are to be accomplished. The examiner should consider the Veteran's education, experience, and occupational background in determining the Veteran's capabilities to perform work, to include both physical and sedentary employment, in light of his service-connected disabilities. To the extent possible, the examiner should distinguish symptoms and impairment attributable to the Veteran's service-connected disorders from those attributable to any other diagnosed disorders. The examiner is requested to provide a complete rationale for his or her opinion, based on his or her clinical experience and medical expertise. If the examiner cannot provide the requested opinions without resorting to speculation, it must be so stated, and the examiner must provide the reasons why an opinion would require speculation. The examiner must indicate whether there was any further need for information or testing necessary to make a determination. The examiner must indicate whether an opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. (Continued on the next page)   Unless indicated otherwise by information gathered pursuant to paragraph numbered one (1) above, the examination should be scheduled at the Savannah, Georgia VAMC. If it cannot be scheduled at the Savannah VAMC, the reason for that determination must be documented in the claims file, and if in order, the Veteran should be scheduled for a fee-basis examination that is equally accessible to the Veteran. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Costello, Associate Counsel