Citation Nr: 21062199 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 17-02 023 DATE: October 6, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) based on service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served in active-duty service with the Navy from December 1974 to February 1979, July 1979 to July 1981, and from February 1982 to July 1998. This matter is on appeal from a November 2015 rating decision. The Board notes that the Veteran had requested and was scheduled for an October 2019 Board hearing; however, the Veteran did not request postponement of the hearing, did not appear for the hearing, and did not request for the hearing to be rescheduled. As such, his hearing request is deemed withdrawn. 38 C.F.R. § 20.704 (d). The Board finds that remand is warranted for additional development. Review of the record shows the most recent medical record dates only from 2015. The Veteran submitted a February 2016 letter from his last employer which stated that the Veteran completed his last assignment with them in November 2015; however, the employer does not provide any information on the reasons of why the Veteran no longer worked for the employer and if this was due to his service-connected disabilities. The Board notes that a February 2015 VA examiner for the Veteran's back had opined the Veteran "unable to work due to back pain"; however, the examiner does not provide any rationale or reference to specific records to support this conclusion and is also inaccurate as the February 2016 employer letter indicated the Veteran continued to work after that February 2015 examination. As such, the Board finds this opinion inadequate and afforded less probative weight. The Board notes that the Veteran in August 2015 and in an October 2016 deferred rating decision reported that he was to submit information on part-time jobs that he performed in the past 5 years; however, review of the record does not show the information has been submitted or whether the Regional Office followed up on the Veteran's report to submit information. As such, the Board finds it unclear to the current status of the Veteran's employment and remand is warranted to obtain an accurate occupational history and up to date medical record to include examination of the current severity of the Veteran's service-connected conditions. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding VA and private treatment records and associate them with the claims file, with the Veteran's assistance regarding the latter. 2. The AOJ must contact the Veteran and ask that he provide a complete and accurate accounting of his educational and occupational histories. If necessary, request authorization from the Veteran to obtain any additional, outstanding evidence pertinent to the claim for a TDIU not currently of record. 3. Provide the Veteran another VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, and VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits, to complete and return. 4. After acquiring this information and obtaining any necessary authorization, obtain and associate any pertinent records with the claims folder. Make two requests for the authorized records from any identified provider, unless it is clear after the first request that a second request would be futile. All attempts to procure such records must be documented within the claims file. 5. Schedule the Veteran for a VA examination to determine the current severity of his service-connected disabilities. The examiner should carefully consider the Veteran's lay statements regarding his condition and the effects on his occupational and social functioning. (a.) The examiner is advised that the Veteran is competent to report symptoms and history, and such reports and assertions must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so. (b.) If the examiner cannot provide the above opinions, the examiner is advised that he/she must explain why the requested opinion cannot be provided (i.e., because the limits of medical knowledge had been exhausted or because further information to assist in making the determination is needed, such as additional records and/or diagnostic studies). (c.) If the examiner cannot provide an answer because further information is needed to assist in making the determination, all reasonable steps to obtain the missing information should be exhausted before concluding that the answer cannot be provided. (d.) If the VA examiner is unable to provide an opinion without resort to speculation, he or she should explain whether the inability is due to the limits of the examiner's medical knowledge, medical knowledge in general or there is evidence that, if obtained, would permit the opinion to be provided. A clearly stated rationale for any opinion offered should be provided. 6. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Yang, Attorney-Advisor 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.