Citation Nr: 21010631 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 15-12 103A DATE: February 25, 2021 REMANDED Entitlement to a total disability based on individual unemployability prior to June 27, 2018 is remanded. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from January 1984 to February 1984. The Veteran appeared before the undersigned Veterans Law Judge at a Board hearing in August 2016. The transcript is in the record. The matter was denied by the Board in a December 2018 Board decision. The Veteran appealed to the Court of Appeals for Veterans Claims (CAVC) and in January 2020 the CAVC approved a Joint Motion for Remand, returning the matter to the Board. The Veteran’s disability picture has changed significantly during the pendency of the appeal. Notably, in October 2019, service connection has been established for Parkinson’s disease and several disabilities related thereto. A June 2019 rating decision granted service connection for bilateral hearing loss, tinnitus, and diabetic peripheral neuropathy of the lower extremities and increased the rating assigned for prostate cancer to 60 percent. Service connection for posttraumatic stress disorder (PTSD) was granted in a July 2019 decision and assigned a 100 percent disabling effective June 27, 2018. Finally, the Veteran has been awarded special monthly compensation (SMC) at the (s) rate for a disability rated at 100 percent and other independently ratable disabilities that combine to a 60 percent rating or more, effective from June 27, 2018. Consequently, for the period since June 27, 2018, the issue of entitlement to TDIU is moot. There is no greater benefit available to the Veteran. See Bradley v. Peake, 22 Vet. App. 280 (2008). However, the period prior to June 27, 2018 for entitlement to TDIU remains on appeal. REASONS FOR REMAND 1. Entitlement to a total disability based on individual unemployability The Veteran applied for an increased rating based on unemployability in May 2012. The claim was denied by the Board in December 2018 as the Veteran did not meet schedular for TDIU and his disabilities did not manifest in such a way as to warrant referral for extraschedular consideration. However, the parties to the JMR agreed that all the residuals of the Veteran’s service-connected prostate cancer were not properly considered. The Veteran indicated that his prostate cancer caused chronic fatigue and coccyx pain, both of which prohibit gainful employment. A VA examination is necessary to determine whether there are additional residuals of prostate cancer for which the Veteran is not receiving compensation and the extent to which these residuals limited his ability to obtain and maintain substantially gainful employment prior to June 27, 2018. The matter is REMANDED for the following action: Obtain a retrospective opinion addressing whether the Veteran’s complaints of (a) chronic fatigue and (b) coccyx pain were symptoms or manifestations of his service connected prostate cancer or diabetes mellitus. If it is determined that the Veteran’s chronic fatigue and coccyx pain represented separate and distinct disabilities that were unrelated to his service connected disabilities, effective prior to June 27, 2018, rationale must be provided. If it is determined that the Veteran’s chronic fatigue and coccyx pain are found to be symptoms or manifestations of his service connected prostate cancer or diabetes mellitus, the examiner should provide a full description. A commentary should also be provided on the impact that the Veteran’s chronic fatigue and/or coccyx pain had on his ability to work. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Rekowski 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.