Citation Nr: 21073536 Decision Date: 12/09/21 Archive Date: 12/09/21 DOCKET NO. 17-28 327 DATE: December 9, 2021 REMANDED Entitlement to a total disability individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active duty service from January 1966 to January 1969. This appeal comes to the Board of Veterans' Appeals (Board) from a rating decision dated January 2016 issued by a Department of Veterans Affairs (VA) Regional Office. The Veteran timely appealed. The appellant testified at a November 2021 video hearing with the undersigned Veterans Law Judge. This decision is being made under the "one-touch" program. A transcript of the hearing will be associated with the claims file at a later time. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). Entitlement to a TDIU is remanded. The Veteran contends that he is unemployable due to his service-connected psychiatric disability. He does not currently meet VA's schedular requirements for a TDIU because he has three service-connected disabilities, none of which are rated at 60 percent or higher, and has a combined disability rating of 60 percent. See 38 C.F.R. § 4.16(a). Even when the percentage requirements of 38 C.F.R. § 4.16(a) are not met, a TDIU may still be assigned on an extraschedular basis. It is the established policy of VA that all Veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. 38 C.F.R. § 4.16 (b). Therefore, exceptional cases may be submitted to the Director, Compensation Service, for extraschedular consideration when the Veteran is unable to secure and follow a substantially gainful occupation by reason of service connected disability. 38 C.F.R. § 4.16(b). In this case, as explained below, the Board finds it needs additional information in order to determine whether referral for extraschedular consideration is warranted. In his February 2015 VA Form 21-8940, Application for Increased Compensation Based on Unemployability, the Veteran wrote that his service-connected PTSD prevented him from securing or following any substantially gainful occupation. He noted the date his disability affected full-time employment was March 31, 2007, the same date he last worked full-time and the same date he became too disabled to work. His occupation at the time was a welder. His highest level of education was a high school degree. He had also completed Hobart Welding School. He noted that he applied for numerous jobs from 2007 to 2009. He reiterated the same information in a second VA Form 21-8940 submitted in December 2015. In a February 2016 Notice of Disagreement (NOD), the Veteran wrote, "I would be unable to work around other people. I had worked a job for many years where I worked alone. I had disciplinary actions due to attendance and personal confrontations the last few years of working. I would not be able to function in the work force currently." The Veteran had worked as a welder for 30 years. During that time, he testified that he had issues with management, anger, alcohol, and conflict at work. He was also unable to get along well with other people. He was ultimately given the choice to retire early or be fired with no benefits in March 2007. The Veteran attributes this to his mental health. He has not been able to hold gainful employment since he was forced into retirement in 2007. The Board also notes that Union involvement in the Veteran's prior job due to unreliable attendance from his PTSD indicates that the Veteran had a sheltered work environment at the time. The last time the Veteran was afforded a VA examination for his psychiatric disability was in June 2015. The Veteran contends that this examination does not reflect the severity of his psychiatric symptoms and the occupational impairment that it causes. The Board finds that remand is required in order to afford the Veteran a VA examination for his psychiatric disability in order to obtain sufficient information to determine whether referral for an extraschedular TDIU consideration is warranted. Accordingly, the matter is REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected posttraumatic stress disorder (PTSD) with depressive and anxiety disorder, NOS. In-person examination is not required unless requested by the examiner. Ask the examiner to: (a.) Attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, identify any symptoms and social and occupational impairment due to his service-connected PTSD with depressive and anxiety disorder, NOS alone. (b.) Describe the impact of PTSD with depressive and anxiety disorder, NOS on employment. Identify all limitations or functional impairment caused solely by PTSD with depressive and anxiety disorder, NOS. LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Minock 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.