Citation Nr: 18156446 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 14-14 406 DATE: December 11, 2018 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the claim so that the Veteran is afforded every possible consideration. See 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2017). The Veteran served on active duty in the United States Army from October 1967 to September 1970. During his period of service, the Veteran earned the Combat Infantry badge, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Good Conduct Medal, two Overseas Bars, Sharpshooter Badge (M-14), and Parachutist Badge. The Board notes that at the time of the RO’s October 2018 adjudication of the Veteran’s TDIU claim, the information regarding the Veteran’s employment and education history was not of record. The RO’s May 2018 VCAA notice letter did include VA Form 21-8940; however, the Veteran did not return that form with his October VCAA notice response. Nevertheless, as the Board has taken jurisdiction over the TDIU claim under Rice, 22 Vet. App. 447, the Veteran should get another opportunity to submit the information relevant to his employment and education history to support the claim of entitlement to a TDIU. The Veteran is advised that failure to return a completed form could negatively affect his claim. The duty to assist is a two-way-street. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Additionally, the Veteran is currently rated for service-connected PTSD at 70 percent, with a combined disability evaluation of 90 percent. The VA examinations of record address the impact of the Veteran’s service-connected disabilities separately, but none consider them in conjunction with or in relation to the Veteran’s employment history. Therefore, on remand, the AOJ should obtain an opinion to determine the current impact of the Veteran’s service-connected disabilities, to include in the aggregate, on the Veteran’s ability to work. The matter is REMANDED for the following action: 1. Develop the Veteran’s claim for TDIU, to include providing the Veteran with appropriate VCAA notice. Additionally, provide him with another VA Form 21-8940 in connection with his claim for entitlement to TDIU, and request that he supply the requisite information. The Veteran is to be advised that if he does not return VA Form 21-8940 or otherwise provide information on her employment and educational history it may adversely affect the claim for a TDIU. 2. After completing the above action, the AOJ should schedule the Veteran for a VA examination by an appropriate examiner. The ultimate purpose of the examination is to ascertain the current impact of the Veteran’s service-connected disabilities, to include in the aggregate, on his ability to work. If appropriate, any studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the electronic claims file. The examiner should elicit and set forth the pertinent facts regarding the Veteran’s medical history, education and employment history, day-to-day functioning, and industrial capacity. He or she should address the Veteran’s current ability to function in an occupational environment. The report should also indicate if there is any form of employment that the Veteran could perform, and if so, what type. A written copy of the report should be associated with the claims file. (Continued on the next page)   Rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Joseph, Associate Counsel