Citation Nr: 20007875 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 12-03 744 DATE: January 30, 2020 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1956 to May 1976. He received the National Defense Service Medal with one star; Navy Achievement Medal; Vietnam Service Medal with four stars; Vietnamese Cross of Gallantry; Armed Forces Expeditionary Medal; Vietnam Campaign Medal with 1960 device; four Letters of Appreciation; Combat Action Ribbon; Bronze Star “V”; Republic of Vietnam Armed Forces Merit Unit Commendation with one palm; Meritorious Unit Commendation; and, Navy Commendation Medal. In August 2017, the Veteran had a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. The Veteran’s claim for TDIU was previously remanded for an examination to ascertain the collective impact of the Veteran’s service-connected disabilities, and for referral for extraschedular consideration pursuant to 38 C.F.R. § 4.16(b) (2019). On remand, the Agency of Original Jurisdiction did not comply with either directive because the Veteran did not return VA 21-8940. However, the Veteran’s occupational and educational history are documented in the August 2017 hearing transcript. The Veteran’s claim is again remanded for an examination to ascertain the collective impact of the Veteran’s service-connected disabilities and for referral for extraschedular consideration. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (finding that a Board remand confers on a claimant the right to compliance with the remand orders). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate examiner. The ultimate purpose of the examination is to ascertain the collective impact of the Veteran’s service-connected disabilities 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, education and employment history; day-to-day functioning; and, industrial capacity. The examiner should address the Veteran’s current ability to function in an occupational environment. The examination report should also indicate if there is any form of employment that the Veteran could perform and, if so, what type. The examiner is advised that the Veteran is competent to report his history and symptoms, and such reports must be considered. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. 2. After completing the above action, refer the Veteran’s case to VA’s Director of Compensation Service for extraschedular consideration of the Veteran’s TDIU claim pursuant to 38 C.F.R. § 4.16(b). A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W.V. Walker, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.