Citation Nr: 21069834 Decision Date: 11/19/21 Archive Date: 11/19/21 DOCKET NO. 15-02 122A DATE: November 19, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from March 1993 to March 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal of an April 2014 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. In a February 2021 rating decision, the RO granted the Veteran service connection for an unspecified depressive disorder (also claimed as post-traumatic stress disorder (PTSD)). As this grant represents the full benefits sought on appeal, this issue is no longer before the Board. A TDIU The Veteran contends he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities. Given that it is unclear whether, and to what extent, the Veteran has been unemployed during the appeal period, a remand is necessary for the RO to have the Veteran provide an updated Application For Increased Compensation Based On Unemployability (VA Form 21-8940) and to schedule the Veteran for an appropriate examination to determine the current impact of his service-connected disabilities on his employability. On a VA Form 21-8940 submitted in January 2012, the Veteran reported that he last worked in 2010, as a certified nursing assistant. VA treatment records, dated in July 2010, indicate that he was currently unemployed and that he had worked as a nursing assistant for the past six years. However, records from the Social Security Administration (SSA), obtained in February 2021, reveal that the Veteran stopped working in October 2015. The SSA records show that he worked as a driver at a transportation company from April 2011 to April 2013, and as a laborer at a warehouse from April 2013 to October 2015. Prior to his employment at those two places, he worked as a certified nursing assistant at a hospital from June 2008 to June 2010, according to the SSA records. As the Veteran indicated on the January 2012 VA Form 21-8940 that he last worked in 2010, and as the SSA records reveal otherwise, it is necessary for the Veteran to submit another VA Form 21-8940 with his current employment information. It is also necessary for VA to obtain employment verification from his employers. In addition, the Veteran was last afforded a mental health examination in November 2014, where the examiner stated that the Veteran experienced depression symptoms that would cause problems with employment. Specifically, the examiner noted that the Veteran reported issues with irritability that resulted in interpersonal problems with his co-workers. The Board notes that these statements were reported directly to the examiner by the Veteran, and not based on the examiner's assessment of the Veteran. Thus, it is necessary to obtain an opinion from a VA examiner regarding whether the Veteran's service-connected unspecified depressive disorder and other service-connected disabilities render him unable to obtain and maintain gainful employment. The Board also notes that the Veteran's attorney, in a July 2021 statement, requests that the Board remand the Veteran's claim for new examinations to determine the current level of psychological impairment and how that impairment impacts the Veteran's ability to secure and maintain gainful employment. The Board acknowledges that, in February 2021, the RO sent the Veteran a request for information regarding his employment history, to which the Veteran has not yet responded. As this information is necessary to make a well-informed decision on the Veteran's claim, the Board requests that the RO re-send this information to the Veteran. However, the Board notes that the duty to assist is a two-way street. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (noting the duty to assist is a two-way street that requires a claimant's active participation in a claim for VA benefits). The matter is REMANDED for the following action: 1. Send the Veteran an Application For Increased Compensation Based On Unemployability (VA Form 21-8940) and request that he complete and return the form. 2. Ask the Veteran to complete and submit a VA Form 21-4192, Request for Employment Information, to allow VA to attempt to request employment verification information from his employers. 3. Then, schedule the Veteran for an appropriate examination to determine the current impact of his service-connected disabilities on his employability. [In this regard, the Veteran is service-connected for the following disabilities: unspecified depressive disorder; patellar subluxation, post-operative, chondromalacia with arthritis, left knee; bipartite patella, chondromalacia, right knee; painful scars on the right knee; left index finger strain; and left knee scars.] The entire claims file must be made available to and be reviewed by the examiner(s). The examiner must elicit and set forth pertinent facts regarding the Veteran's medical, education, and employment history, and must also elicit from the Veteran the specific employment issues that arise from his service-connected disabilities. Following each appropriate examination, the examiner(s) must provide a statement regarding the impact of the disability on the Veteran's ability to obtain and maintain gainful employment. A complete rationale must be provided for all opinions expressed. A. J. Spector 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.