Citation Nr: 21064388
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 18-35 559
DATE: October 20, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from November 1970 to September 1973.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).  In October 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ). 

TDIU

While the Board regrets further delay, after a review of the evidence of record, the Board finds that further development is necessary prior to adjudicating this claim.  The record as presently developed does not include sufficient evidence upon which to adjudicate the Veteran's TDIU claim.  The Board notes that while there are examinations which discuss the Veteran's disabilities in the record, no examination addresses the combined functional impact of all of the Veteran's disabilities on his employability.

Further, during the Veteran's October 2021 Board hearing he testified that his service-connected disabilities have worsened since his last VA examinations.  As such, the Board finds a medical opinion is necessary to address and assess the functional impact of all the Veteran's service-connected disabilities together on his employability.  

The matters are REMANDED for the following action:

1. Undertake appropriate development to obtain any outstanding treatment records pertinent to the Veteran's issues on appeal.  Specifically, the RO should attempt to obtain/locate the Veteran's updated VA treatment records, including any treatment records from the Saginaw VAMC.

If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file.  Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile.  If any requested records are not available, the record should be annotated to reflect such, and the Veteran notified in accordance with 38 C.F.R. § 3.159(e).

2. Schedule the Veteran for a VA medical examination for TDIU and the current severity of his service-connected disabilities.  The examiner must fully describe the functional impact of each of the Veteran's service-connected disabilities and in so doing, discuss the mental and physical capabilities required for gainful employment in the Veteran's case.  The examiner must discuss the combined effects of the Veteran's service-connected disabilities on his ability to perform the mental and physical acts required for gainful employment.

The examiner must interview the Veteran about his education and employment history, to include the physical and mental acts that have been required of him by his previous jobs.

The examiner is asked to provide details, as appropriate, that specify the frequency, duration, and/or severity of any functional limitation arising from one or more service-connected disabilities.

The examiner must indicate the effect of medications, whether prescribed or over the counter, on the Veteran's ability to perform the physical and mental acts required for employment.  The examiner must estimate what that ability would be without the medications.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Gresham

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.