Citation Nr: 21064433 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 17-66 862 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 January 1968 to August 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) in February 2020. A transcript of the hearing is of record. When VA undertakes to provide an examination or opinion, it must be an adequate one. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). When there is not substantial compliance with Board remand requests, the Board errs as a matter of law when it does not ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). TDIU As part of the March 2020 Board remand the RO was required to obtain a medical opinion regarding the combined functional impact of the Veteran's disabilities. The examiner was specifically directed to comment on the Veteran's ability to function in an occupational environment and describe the functional limitations associated with the Veteran's service-connected conditions. While the RO obtained a March 2020 VA medical opinion, the Board finds it to be inadequate. In proffering their opinion the examiner did not discuss any type of functional impairment that the Veteran may experience due to his service-connected conditions. Instead, the examiner noted that the Veteran's conditions were chronic and stable and would less likely than not make the Veteran unemployable. The Board additionally notes that the RO instructed the examiner to "refrain from opining on if the Veteran is unemployable or employable; instead focus and reflect on the functional impairments and how these impairments impact occupational and employment activities." However, as noted above, the examiner did not discuss any functional impact or limitations caused by the Veteran's service-connected disabilities and instead solely whether certain disabilities on their own would make the Veteran unemployable. As such, the Board finds that the examiner did not adequately assess the functional impact of the Veteran's claimed conditions as required. Therefore, the Board finds a new medical opinion is necessary. The matters are REMANDED for the following action: Provide the claims file to an appropriate examiner, who has not previously opined on this case, to obtain an opinion regarding the functional impairment caused by the Veteran's service-connected conditions. The examiner should comment on the Veteran's ability to function in an occupational environment and describe the functional limitations associated with all the Veteran's service-connected conditions. The examiner should refrain from opining on whether the Veteran is unemployable or employable and instead focus and reflect on the functional limitations/impairments the Veteran experiences due to his service-connected disabilities and how they would impact occupational and employment activities. In doing so, the examiner is asked to take the Veteran's level of education and previous work experience into consideration but disregard his age or any impairment caused by nonservice-connected disabilities. The examiner must provide a complete explanation for all opinions expressed. If the examiner determines an examination is necessary in order to comment on the above, then an examination must be scheduled. 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.