Citation Nr: 18143996 Decision Date: 10/22/18 Archive Date: 10/22/18 DOCKET NO. 16-05 319 DATE: October 22, 2018 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND In a June 2018 submission, the Veteran’s attorney asserted that a claim for service connection for residuals of a head injury has been pending since September 1991. This matter is referred to the Agency of Original Jurisdiction for appropriate action. 1. Entitlement to a total disability rating based on individual unemployability is remanded. The Veteran has service-connected ratings of 40 percent for carpal tunnel repair of the right upper extremity, 40 percent for a thoracolumbosacral spine disability, 30 percent for residuals of a neck strain, 20 percent for right knee instability, 10 percent for right knee strain, 20 percent for left upper extremity radiculopathy, 10 percent for right lower extremity radiculopathy, and 10 percent for left lower extremity radiculopathy. The combined disability rating is at least 90 percent. Therefore, the Veteran’s service-connected disabilities meet the percentage requirements for consideration of the assignment of TDIU. 38 C.F.R. § 4.16(a). The question that remains is whether the service-connected disabilities alone preclude the Veteran from obtaining or retaining substantially gainful employment. The Board may not deny a rating of TDIU without producing evidence, as distinguished from mere conjecture, that a Veteran’s disability does not prevent him from performing work that would produce sufficient income to be other than marginal. VA has a duty to supplement the record by obtaining an examination, which includes an opinion on what effect the appellant’s service-connected disability had on his ability to work. Friscia v. Brown, 7 Vet. App. 294 (1995); Beaty v. Brown, 6 Vet. App. 532 (1994). Therefore, the Board is of the opinion that the case requires a longitudinal review of the claims file for an assessment as to the degree of functional loss occasioned by the Veteran’s service-connected disorders. This clinical opinion must be based on full consideration of the Veteran’s documented history and supported by detailed rationale to fully resolve the matter of the Veteran’s entitlement to a total rating based on individual unemployability. The matter is REMANDED for the following action: 1. Secure all outstanding VA medical records. If any records cannot be located, specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. If records are unable to be obtained (a) notify the claimant of the specific records that VA is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claim. The claimant must then be given an opportunity to respond. 2. Then, schedule the Veteran for a VA examination. The examiner must review the claims file and should note that review in the record. The examiner should determine the functional effects of the service-connected right upper extremity carpal tunnel disability, thoracolumbar spine disability, cervical spine disability, right knee disability, left upper extremity radiculopathy, and bilateral lower extremity radiculopathy on the Veteran’s ability to work with a complete discussion of all functional impairments impacting social and industrial opportunities. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran is unable to obtain or retain substantially gainful employment due to the service-connected disabilities, consistent with his training and experience. If the Veteran is felt capable of work despite the service-connected disabilities, the examiner should state what type of work and what accommodations would be necessary due to the service-connected disabilities. The examination report must include a complete rationale for the opinions and conclusions reached. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Layton, Counsel