Citation Nr: 21075234 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 13-14 526 DATE: December 17, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for the period prior to September 23, 2014, on an extraschedular basis, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1976 to February 1983. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). Entitlement to a TDIU has been raised numerous times throughout the record based on all of the Veteran's service-connected disabilities. Entitlement to a TDIU was remanded as intertwined with entitlement to service connection for hip disabilities in September 2020 and February 2021. A September 2021 rating decision granted service connection for the hip disabilities, and assigned an effective date of February 9, 2004. The rating decision also granted entitlement to a TDIU as of September 23, 2014, and a supplemental statement of the case was issued denying entitlement to a TDIU prior to September 23, 2014. Therefore, the issue on appeal is whether the Veteran is entitled to a TDIU for the period of February 9, 2004, through September 22, 2014. The Board notes that an October 2021 Board decision granted entitlement to a TDIU "for the period on appeal", noting that TDIU had previously been granted effective September 23, 2014. However, the November 2021 implementing rating decision granted TDIU as of September 23, 2014. Therefore, the issue before the Board in this appeal stream remains entitlement to a TDIU for the period of February 9, 2004, through September 22, 2014. Entitlement to a TDIU prior to September 23, 2014. 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. See 38 C.F.R. § 4.16. A total disability rating for compensation may be assigned where the schedular rating is less than total when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more. If there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more and the combined rating must be 70 percent or more. 38 C.F.R. § 4.16(a). Pursuant to 38 C.F.R. § 4.16(b), when a claimant is unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities, but fails to meet the percentage requirements for eligibility for a total rating set forth in 38 C.F.R. § 4.16(a), such case shall be submitted for extraschedular consideration. The Veteran has been granted entitlement to a TDIU as of September 23, 2014, which is the date the Veteran met the schedular criteria. The case has not previously been referred to the Director of Compensation Service for extraschedular consideration. The Board finds that there is sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of her service-connected disabilities for the period prior to September 23, 2014, and therefore referral is warranted. 38 C.F.R. § 4.16(b); Bowling v. Principi, 15 Vet. App. 1 (2001); Ray v. Wilkie, 31 Vet. App. 58, 66 (2019). The matters are REMANDED for the following action: 1. Refer entitlement to a TDIU to the Director of Compensation Service for consideration on whether a TDIU on an extraschedular basis is warranted prior to September 23, 2014. The April 2020 vocational assessment by Dr. S.B., received in June 2020, should be considered. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Patrick, 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.