Citation Nr: 18150240 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 16-04 325 DATE: November 14, 2018 REMANDED Entitlement to an initial compensable rating prior to March 15, 2017 and higher than 10 percent since March 15, 2017, for left hand psoriatic arthritis. Entitlement to an initial compensable rating prior to March 15, 2017, and a rating higher than 10 percent since March 15, 2017, for right hand psoriatic arthritis. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities. REASONS FOR REMAND [The Veteran served on active duty from June 1991 to June 1995. These matters are on appeal from February 2015 rating decision. In October 2018, the Veteran submitted a RAMP opt-in election form. However, the issues on appeal had already been activated at the Board prior to receipt of the RAMP opt-in election form. Therefore, the Veteran is no longer eligible for the RAMP program for these claims. 1. Bilateral hand psoriatic arthritis [Following the issuance of a September 2016 Supplemental Statement of the Case (SSOC), additional VA treatment records and VA examination reports were added to the record, but the Veteran has not waived initial RO consideration of that evidence. 38 C.F.R. § 1304 (2018). Without a written waiver of initial RO consideration of the additional evidence, the Veteran’s claims must be returned to the agency of original jurisdiction for readjudication. Disabled American Veterans v. Principi, 327 F.3d 1339 (Fed. Cir. 2003); Bernard v. Brown, 4 Vet. App. 384 (1993).] 2. TDIU [The Veteran contends that he is unable to obtain or engage in substantially gainful employment due to psoriatic arthritis, including psoriatic arthritis in his hands. See October 2016 and May 2018 VA Forms 21-8940. The Board notes that in a September 2018 rating decision the RO determined that TDIU had not been inferred. However, when a veteran submits a claim seeking an increased rating for a service-connected medical disability, it is construed as a claim for the highest rating possible to include entitlement to TDIU. See Rice v. Shinseki, 22 Vet. App. 447 (2009); Roberson v. Principi, 251 F.3d 1378 (Fed. Cir. 2001). In the May 2018 VA Form 21-8940, Application for Increased Compensation Based on Unemployability, the Veteran stated that his disability made it unable to write and operate a computer mouse without pain. He stated that he often missed work to attend medical appointments. He indicated that he last worked full-time from May 2010 to April 2016. He had part-time employment from September 2018 to November 2018 working 20 hours per week and earned $600.00 per month. In January 2018, he began working part-time for a third employer working 30 hours per week. The highest gross earnings by month was $800.00. Employment information has been provided by three of the Veteran’s employers. A November 2016 employer statement shows that he was employed part-time in sales beginning in September 2016, a June 2018 statement shows that he worked full-time for a support services company as a logistics manager from October 2013 to April 2016, and a June 2018 statement shows that he worked for a yacht club and marina from January 2018 to May 2018 typing work orders and answering the phone. However, no employment information was provided for 2017. VA treatment records include an October 2017 psychiatric medical management report which indicates that work was stressful. An April 2018 VA hand and finger conditions DBQ examination shows that the Veteran stated that he stopped working in retail last November 2017, because he had not been able to write well nor grasp with his hands due to severe stiffness. These records suggest that the Veteran was employed in 2017. In addition, it appears that the Veteran may have worked for more than the three reported employers. On January 2018 VA foot conditions DBQ examination the remarks section of the examination report indicates an employment history that includes maintenance for a few years, employment as an inventory administrator, employment as a government contractor for five years, and employment in retail sales for one and one-half years. Given the evidence above, it is unclear from the record whether the Veteran was in fact gainfully employed at any time during 2017, whether he worked for more than three employers, and whether any such employment was simply marginal. On remand, the Veteran should be requested to submit an updated VA Form 21-8940, Application for Increased Compensation Based on Unemployability, outlining and describing all periods of employment. The Veteran should be afforded an opportunity to submit any other records of treatment or statements of argument in support of his claim.] The matters are REMANDED for the following action: 1. Send the Veteran and his representative a copy of VA Form 21-8940 (Application for Increased Compensation Based on Unemployability), and request that he complete an updated form and return it to VA. The form should be completed for the year 2017, and his income for each year should be identified, if any. The Veteran should also provide employment information concerning his history of employment in maintenance, as an inventory administrator, as a government contractor for five years, and in retail sales for one and one-half years, as noted in the January 2018 VA examination report. The Board notes that it is the rating board’s responsibility to obtain employment history, educational and vocational attainment, and all other factors bearing on the Veteran’s TDIU claim. See 38 C.F.R. § 4.16 (b). Specifically, it should be determined whether the Veteran is engaged in full time employment, if not, when he was last engaged in full time employment, and whether he is currently employed in marginal or part-time employment. If he is not employed, the date of last employment should be determined. Any employers not previously identified, including those in 2017, should be contacted with the Veteran’s assistance as needed. 2. Readjudicate the claims based on the entirety of the evidence, with consideration of the pertinent evidence submitted since the September 2016 SSOC. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Adams, Counsel