Citation Nr: 21006823 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 16-62 309 DATE: February 5, 2021 REMANDED Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU), prior to May 22, 2018, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1970 to February 1980, and from January 1991 to January 1992. For his meritorious service, the Veteran was awarded (among other decorations) the Southwest Asia Service Medal, with one Bronze Star. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In December 2018, the Board remanded this matter for additional development. Entitlement to a TDIU rating, prior to May 22, 2018, is remanded. Based upon a longitudinal review of the evidence of record, the Board concludes that a retrospective medical opinion addressing the effects of the Veteran's service-connected disabilities on his ability to obtain and maintain substantially gainful employment consistent with his education and occupational experience for the time period from December 22, 2011, to May 22, 2018, is necessary to effectively adjudicate the claim for entitlement to a TDIU rating during that period of time. See Chotta v. Peake, 22 Vet. App. 80 (2008); see also Vigil v. Peake, 22 Vet. App. 63 (2008) (holding that the duty to assist may include development of medical evidence through a retrospective medical evaluation where there is a lack of medical evidence for the relevant time period). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate VA examiner to determine the effects of his service-connected disabilities on his ability to obtain and maintain substantially gainful employment consistent with his education and occupational experience for the time period from December 22, 2011, to May 22, 2018. The electronic claims file must be made available to the examiner, and the examiner must specify in the report that the file has been reviewed. The examiner must compile from the Veteran and his claims file his complete educational, vocational, and employment history and should note his complaints regarding the impact of his service-connected disabilities on employment from December 22, 2011, to May 22, 2018. To the extent possible, the VA examiner must address the degree of functional and industrial impairment due to each of the Veteran's service-connected disabilities during the time period from December 22, 2011, to May 22, 2018. The examiner must furnish a full description of the effects of the service-connected disabilities upon the Veteran’s ordinary activities, which include employment. 38 C.F.R. § 4.10. This description may include an opinion on such questions as whether the Veteran's service-connected disabilities precluded standing for extended periods, lifting more than a certain weight, sitting for eight hours a day, performing other specific tasks, etc. Rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s). Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W. Yates, 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.