Citation Nr: 18151578
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 16-34 995
DATE:	November 19, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1984 to May 1986.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) in Honolulu, Hawaii.
Entitlement to a total disability rating based on individual unemployability is remanded.
Here, the Veteran has indicated the she has received treatment from Dr. Douglas Kroll (or Knoll) and has participated in the vocational rehabilitation program, records of which are not associated with the electronic claims file.  On remand efforts should be made to obtain and associate these records with the claims file.  
Additionally, the Board notes the Veteran does not meet the scheduler criteria for TDIU, but the evidence shows that she last worked full-time in May 1986.  There is also considerable evidence showing that the Veteran’s service-connected disabilities impact her ability to perform occupational tasks.   
The Board has no authority to award TDIU under § 4.16(b) in the first instance. See Bowling v. Principi, 15 Vet. App. 1, 10 (2001).  The claim must therefore be remanded so that the issue of entitlement to TDIU under § 4.16(b) can be referred to the Director of the Compensation Service for extraschedular consideration in the first instance.
The matter is REMANDED for the following action:
1. Obtain outstanding treatment records from Dr. Douglas Kroll (or Knoll) and any vocational rehabilitation records.  Document all requests for information as well as all responses in the claims file.
2. After the above development, refer the issue of entitlement to TDIU to the Director of the Compensation Service for extraschedular consideration under 38 C.F.R. § 4.16 (b).
3. The Director should consider all previous VA examinations of record.  A complete rationale for all opinions expressed and conclusions reached must be provided.
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4. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claims should be readjudicated based on the entirety of the evidence.  If any benefit sought remains denied, furnish the Veteran and her representative a supplemental statement of the case and return the case to the Board.
 
KRISTI L. GUNN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	McDuffie, Kerstin