Citation Nr: 20045022 Decision Date: 07/07/20 Archive Date: 07/07/20 DOCKET NO. 17-21 556 DATE: July 7, 2020 REMANDED A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran had honorable active service from July 1994 to April 14, 2003. He also had active service from April 15, 2003 to June 27, 2008 for which he received an other-than-honorable discharge. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In April 2019 the Board remanded the issue of a TDIU rating because it was inextricably intertwined with other issues on appeal. Despite the additional and regrettable delay, another remanded is required before the claim is ready to decide. The Board also notes that it appears that two legacy docketing letters were sent to the Veteran on 5/18/20, and the “take-back” letter issued on 5/27/20 may have been attempting to take back one of these docketing letters. Although the subject of the document indicates “AMA Notification Letter,” this letter is used by the Board’s Intake and VLJ Support for legacy (that is, non-AMA) appeals as well. The Board hopes this clarifies any confusion that may have been caused to the Veteran or his representative. A TDIU rating is remanded. The record contains conflicting information regarding the Veteran’s work status during different periods on appeal. Therefore, a remand is necessary to obtain the Veteran’s Social Security Administration (SSA) payment and work history report. Additionally, the Board notes that a TDIU rating for the period on appeal was previously denied, in part, due to the fact that the Veteran’s psychiatric condition was not service connected. Subsequent to the Veteran’s December 2019 VA examination for TDIU, the Veteran has been awarded service connection for several psychiatric conditions and, therefore, a remand is necessary for a VA addendum medical opinion. Therefore, these matters are REMANDED for the following action: 1. Please note that, by law, ALL remanded claims must be processed expeditiously. 2. Obtain the Veteran’s SSA payment history report to determine the Veteran’s periods of unemployment. 3. The AOJ should provide the Veteran appropriate notice of VA’s duties to notify and assist regarding how to substantiate a claim for entitlement to TDIU, to include providing him a VA Form 21-8940. The Veteran should assist in the matter by providing the requested information. 4. Thereafter, obtain an addendum opinion that addresses the impact the Veteran’s service-connected disabilities (including his psychiatric condition) have on his unemployability. The examiner is asked to opine on the types of limitations the Veteran’s service-connected disabilities ALONE (that is, without consideration of his age or nonservice-connected disabilities) have on his ability to obtain or maintain a substantially gainful occupation. The examiner is requested to discuss the types of employment in which the Veteran would be capable of engaging, given his individual skill set and educational background. A detailed explanation (rationale) is required for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested.) 5. After the above development is completed, the AOJ should readjudicate the matter of a TDIU rating. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Williams, 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.