Citation Nr: 21077454
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 14-25 461
DATE: December 29, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Army from May 1977 to August 1992 with subsequent service in the South Carolina Army National Guard from August 1992 to August 1997. In November 2017, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ); a transcript of the hearing is associated with the claims file.

The Board remanded the claim in June 2021 to obtain records from the Social Security Administration which was accomplished. Therefore, the requested actions have been completed by the AOJ, certainly to an acceptable substantial extent, with no further action necessary to comply with the Board's remand directives; so this case is once again before the Board for further appellate consideration. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

1. Entitlement to a TDIU is Remanded.

The Veteran contends that he is unable to maintain substantially gainful employment due to symptoms and impairment caused by his service-connected disabilities. April 2019 and July 2020 VA examiners indicated that the service-connected vascular condition impacted the Veteran's ability to work. Records obtained from the Social Security Administration also indicate some of the symptoms of the service-connected disabilities may impact the Veteran's ability to work.

Based on the foregoing, the evidence suggests that the Veteran may be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. See 38 C.F.R. §§ 4.16(b). The Veteran is service connected for stab wound residual, deep vein thrombosis with pseudoaneurysm, right lower extremity, evaluated at 40 percent and a right lower extremity scar, evaluated at 0 percent. His combined rating is 40 percent. Therefore, the Veteran does not meet the percentage requirement pursuant to 38 C.F.R. § 4.16(a).

The Board is precluded from granting a TDIU on an extra-schedular basis in the first instance and must refer the matter to the Director of Compensation Service for the initial adjudication. See 38 C.F.R. § 4.16(b) (2017); Barringer v. Peake, 22 Vet. App. 242 (2008); see Wages v. McDonald, 27 Vet. App. 233 (2015). Thus, in the present case, referral to the Director of Compensation Service, for consideration of entitlement to TDIU under38 C.F.R. § 4.16(b) is warranted.

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The matters are REMANDED for the following action:

Refer the application for a TDIU to the Director of Compensation Service for a determination as to whether the Veteran is entitled to a TDIU on an extraschedular basis in accordance with the provisions of 38 C.F.R. § 4.16(b). A full statement as to the Veteran's service-connected disabilities, employment history, educational and vocational attainment, and all other factors having a bearing on the issue must be provided.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Teague, 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.