Citation Nr: 18156510 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 07-03 601 DATE: December 10, 2018 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 15, 2011 is remanded. REASONS FOR REMAND The Veteran served honorably on active duty with the United States Army from August to December 1982, and from September 2001 to May 2005. This case was previously before the Board in March of 2014, at which time it was remanded for further development. The case has since been returned to the Board for appellate review. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 15, 2011 is remanded. Although the Board regrets the additional delay, remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. TDIU will be awarded when a Veteran is unable to secure or follow a substantially gainful occupation as a result of a service-connected disability or disabilities. 38 C.F.R. § 4.16 (a). To qualify for a TDIU on a schedular basis, the evidence must show (1) a single disability rated as 100 percent disabling; or (2) that the disabled person is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities, with one disability ratable at 60 percent or more, or, for more than one disability, at least one disability rated at 40 percent or more and a combined disability rating of 70 percent or more. The Board notes that for purposes of determining one 60 percent disability or one 40 percent disability in ascertaining entitlement to TDIU on a schedular basis, disabilities resulting from a common etiology or a single accident will be considered as one disability. 38 C.F.R. § 4.16 (a)(2). In this case, prior to August 15, 2011, the Veteran had a combined disability rating of 80 percent; however, none of his disabilities were rated at 40 percent or more disabling, even considering the provisions of 38 C.F.R. § 4.16 (a)(2). Therefore, during this time, the Veteran’s service-connected disabilities did not satisfy the schedular criteria. Nevertheless, TDIU may be considered on an extraschedular basis. See 38 C.F.R. § 4.16 (b). In this regard, although entitlement to extraschedular TDIU is determined in the first instance by VA’s Director of Compensation Service (Director), the RO and the Board are tasked with making the threshold determination that referral to the Director for extraschedular consideration is appropriate. Id.; see Bowling v. Principi, 15 Vet. App. 1, 10 (2001). The Board finds that the issue of entitlement to an extraschedular TDIU prior to August 15, 2011 should be submitted to the Director, Compensation Service for consideration. VA treatment records from this period indicate the Veteran missed a significant amount of work due to service-connected disabilities. Indeed, records from the Social Security Administration show the Veteran was deemed totally disabled for Social Security purposes on October 1, 2009. Because the evidence of record suggests the that the Veteran may be entitled to an extraschedular TDIU effective prior to August 15, 2011, the claim should be submitted to the Director, Compensation Service for consideration. Accordingly, the matter is REMANDED for the following actions: 1. With any necessary assistance from the Veteran, obtain any outstanding evidence pertinent to the claim, to include a TDIU application. All efforts to obtain additional evidence must be documented in the claims file. 2. Refer this case to the Director, Compensation Service, for consideration of assignment of an extraschedular TDIU under the provisions of 38 C.F.R. § 4.16(b), for the period prior to August 15, 2011. 3. Then, readjudicate the claim based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. L. CHU Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. T. Raftery, Associate Counsel