Citation Nr: 20008147 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 15-36 804 DATE: January 30, 2020 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to August 27, 2018 is remanded. REASONS FOR REMAND The Veteran had active service from May 1988 to February 1992. In a September 2019 rating decision, a Department of Veterans Affairs (VA) Regional Office (RO) increased the Veteran’s evaluation for his service-connected posttraumatic stress disorder (PTSD) from 70 percent to 100 percent effective August 27, 2018. As the Veteran contends that his service-connected PTSD alone renders him unable to obtain and maintain employment, that grant of a total schedular evaluation from August 27, 2018 renders moot the issue of a TDIU from that date. However, the issue of entitlement to a TDIU prior to August 27, 2018 remains on appeal. In November 2019, the Veteran testified at a Board of Veterans’ Appeals (Board) hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. Entitlement to a TDIU prior to August 27, 2018 The Veteran contends that his service-connected PTSD rendered him incapable of securing and following substantially gainful employment. Specifically, he states that he has not worked since September 2008, due to symptoms related to his PTSD. See Board hearing transcript at 2-4, 8. The record indicates that the Veteran was 70 percent service-connected for PTSD from December 30, 2009 to August 26, 2018. He has been 100 percent service-connected for this disability since August 27, 2018. Although the Board regrets the additional delay, for reasons indicated below, the Board notes that a remand is necessary for further development of the Veteran’s case prior to adjudication. In a TDIU claim, a total disability rating for compensation may be assigned when a veteran receives less than a total disability rating (less than 100 percent) and is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Regulations provide that if a veteran is service-connected for one disability, that disability must be rated as 60 percent disabling or more. If a veteran is service-connected for two or more disabilities, at least one disability must be rated at 40 percent or more, and sufficient additional disability must bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16 (2018). Here, as noted above, the Veteran was 70 percent service-connected for PTSD from December 30, 2009 to August 26, 2018. During that time period, a 10 percent rating for service-connected for tinnitus was also in effect. Thus, he satisfied the schedular criteria for a TDIU prior to August 27, 2018. Id. Even though the Veteran met the schedular criteria for consideration of a TDIU prior to August 27, 2018, additional information is necessary to determine his employment status prior to that date. The evidence of record seems to indicate that, prior to August 27, 2018, the symptoms associated with his service-connected PTSD precluded him from securing and maintaining substantially gainful employment. For instance, on a May 2019 Disability Benefits Questionnaire (DBQ) for PTSD, the Veteran reported that he stopped working in 2008, after a period of having conflicts with several co-workers. He indicated that he lost focus and had difficulty concentrating; made mistakes at work, leading to increased time to complete tasks; and had panic attacks that interfered with his work attendance. On an August 2019 behavioral health examination questionnaire to determine the Veteran’s suitability for employment, the examiner indicated that the Veteran experienced difficulties in nine out of 10 functional areas, making it difficult for him to obtain and maintain employment. The Veteran submitted completed TDIU application forms in May 2011, February 2013, and September 2013, on which he indicated that he last worked in approximately September 2008. He provided the names and addresses of at least four previous employers, for the period August 2005 to approximately September 2008, with breaks between each employment. However, except for a June 2011 correspondence from one of those employers, Ion Electric, indicating that there is no evidence of his past employment with the company, the record does not contain any verification of the Veteran’s employment dates, or reasons for his termination. As there is no verification of the Veteran’s work history, further development is necessary to attain this information. On the submitted TDIU application forms, the Veteran provided information concerning his past employers, income, and educational history. Subsequent correspondence shows that the RO’s attempts to verify the Veteran’s employment history were futile. However, the record indicates that these attempts at employment verification were aborted once the RO determined that the issue of entitlement to a TDIU was moot. Although the Board notes that “the duty to assist is not always a one-way street,” see Wood v. Derwinski, 1 Vet. App. 190, 193 (1991), a remand is required for the RO to obtain and verify employment data from the Veteran’s previous employers, to decide his claim of entitlement to a TDIU prior to August 27, 2018. In this regard, in October 2019, the Veteran submitted updated VA 21-4192 forms (Request for Employment Information in Connection with Claims for Disability Benefits) for four of his previous employers. Accordingly, the matter is REMANDED for the following action: 1. Ask the Veteran to provide further details on any past employment, to include the most recent addresses and/or locations, and dates of employment. Attempt to obtain those records. Inform the Veteran and his attorney of any and all attempts to obtain these, and any other, identified records. 2. Further develop the Veteran’s claim for a TDIU prior to August 27, 2018, to include obtaining any relevant employment verification and reason for termination. 3. Following completion of the actions requested above, readjudicate the issue of entitlement to a TDIU prior to August 27, 2018. If the benefit sought remains denied, provide a supplemental statement of the case to the Veteran and his attorney, and afford an appropriate period in which to respond. Then, return the appeal to the Board for further appellate consideration. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Trowers, 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.