Citation Nr: 21073134 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 18-05 165 DATE: December 7, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1998 to June 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A copy of the transcript is of record. The Board notes that additional evidence have been associated with the record since the September 2019 supplemental statement of the case. On remand, the RO will have the opportunity to review the additional evidence. Entitlement to a TDIU In essence, the Veteran maintains that her service-connected disabilities render her unable to obtain and maintain employment. The Veteran is service connected for a bladder disability, lumbar strain, hernia, bilateral knees disability, right ankle disability, bilateral wrist disability, right foot disability, lower left leg disability, sinusitis, allergic rhinitis, hypertension, and dysphonia. However, in December 2016, the Veteran was only scheduled for examinations for her lumbar strain and bladder disability, which she underwent that same month. The December 2016 VA examiner concluded that the Veteran's lumbar strain would have mild impact on her ability to perform sedentary employment and moderate impact on her ability to perform physical employment due to pain. It was further concluded that the Veteran's bladder hyperactivity with urge incontinence would have mild impact on her ability to perform sedentary and physical employment due to having to take extra supplies into work for cleaning herself, and she has to be close to restroom due to urgency. However, the examiner did not address her other service-connected disabilities. In fact, the Veteran's service-connected hernia, bilateral knees disability, right ankle disability, bilateral wrist disability, right foot disability, sinusitis, allergic rhinitis, hypertension, and dysphonia have not been addressed by recent VA examinations. Therefore, additional action is needed. Additionally, the Veteran submitted a private opinion in September 2021, which generally concluded that the Veteran's service-connected and nonservice connected disabilities impacted her employability. Moreover, as reflected in her Social Security Records, she was granted disability due to service connected and nonservice connected disabilities. While the Board does not doubt that the Veteran's service-connected disabilities impact her occupational functionality, the evidence does not support the contention that her service-connected disabilities alone are of such severity so as to preclude substantially gainful employment. Therefore, on remand, the agency of original jurisdiction (AOJ) should obtain a VA medical opinion to determine whether the Veteran's service-connected disabilities alone are of such severity so as to preclude substantially gainful employment. The matter is REMANDED for the following actions 1. Schedule the Veteran for the appropriate examinations to determine the severity of her service-connected hernia, bilateral knees disability, right ankle disability, bilateral wrist disability, right foot disability, sinusitis, allergic rhinitis, hypertension, and dysphonia. The examiner should also provide an opinion as to whether the Veteran's service-connected disabilities alone (singularly or in combination) are of such severity so as to preclude substantially gainful employment. In this regard, the Veteran is service connected for a bladder disability, lumbar spine disability, lower left extremity radiculopathy, hernia, bilateral knees disability, right ankle disability, bilateral wrist disability, right foot disability, sinusitis, allergic rhinitis, hypertension, and dysphonia. The examiner should consider the Veteran's educational, vocational, and employment history and should note the Veteran's complaints regarding the impact that her service-connected disabilities had on her employment. 2. After completing the above development, and any other development deemed necessary, readjudicate the TDIU claim on appeal, taking into consideration any newly acquired evidence. If the benefit sought on appeal remains denied, provide a supplemental statement of the case to the Veteran, and if deemed appropriate, return the appeal to the Board for appellate review, after the Veteran has had an adequate opportunity to respond. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Brennae L. Brooks, 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.