Citation Nr: 18152696
Decision Date: 11/27/18	Archive Date: 11/23/18

DOCKET NO. 15-15 856
DATE:	November 27, 2018
REMANDED
Entitlement to an initial disability rating in excess of 10 percent for hepatitis C is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1977 to October 1983, and again from January 1988 to January 1995.  The Veteran has submitted medical evidence indicating she is unable to work due to her service-connected hepatitis C.  As such, the issue of entitlement to a TDIU has been raised by the record.  Rice v. Shinseki, 22 Vet. App. 447 (2009).
1. Entitlement to an initial disability rating in excess of 10 percent for hepatitis C is remanded.
The Veteran was last afforded a VA examination in August 2013 to evaluate the severity of her hepatitis C.  Since that time, she has submitted medical evidence indicating that symptoms of her disability have worsened since her last examination.  Unfortunately, this evidence does not provide the medical findings needed to properly evaluate her disability pursuant to the diagnostic criteria.  See 38 C.F.R. § 4.114, Diagnostic Code 7354. As the record indicates a worsening of the Veteran’s hepatitis C since the last examination conducted more than five years ago, a new examination should be obtained on remand. Snuffer v. Gober, 10 Vet. App. 400 (1997)
2. Entitlement to a TDIU is remanded.
The Veteran maintains that she is entitled to a TDIU due to her service-connected hepatitis C.  The record includes evidence suggesting that the hepatitis C prevents her from securing or following substantially gainful employment.  See, e.g., April 2015 statement from J.E., M.D.  The TDIU claim should be developed on remand, to include obtaining a complete employment history.  The Veteran does not currently meet the schedular criteria for TDIU consideration under 38 C.F.R. § 4.16 (a).  If after the development conducted on remand, the Veteran is found to be unemployable, but does not meet the schedular criteria, the RO should refer the TDIU claim for extraschedular consideration. 38 C.F.R. § 4.16 (b); Bowling v. Principi, 15 Vet. App. 1 (2001). 
Since the claims file is being returned it should be updated to include any outstanding VA treatment records. See 38 C.F.R. § 3.159 (c)(2); see also Bell v. Derwinski, 2 Vet. App. 611 (1992).
The matters are REMANDED for the following action:
1. Obtain and associate with the claims file any outstanding treatment records regarding the Veteran.
2. Provide the Veteran with a VA Form 21-8940, Application for TDIU and request that she submit the completed form, with all appropriate information. Thereafter, take all appropriate action on the TDIU claim. 
3. After completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected hepatitis C.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  To the extent possible, the examiner should identify any symptoms and functional impairments due to hepatitis C alone and discuss the effect of the Veteran’s hepatitis C on any occupational functioning and activities of daily living.  g
4. After completion of the above, readjudicate the claim for increased rating for hepatitis C.  If the Veteran still does not meet the schedular criteria for TDIU under 38 C.F.R. § 4.16 (a) but is found to be unemployable, refer the Veteran’s claim for TDIU to VA’s Director of Compensation Service for extraschedular consideration.
 
M. E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jack S. Komperda, Counsel