Citation Nr: 21011787 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 16-10 957 DATE: March 2, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND TDIU is Remanded. The Veteran served on active duty from March 1979 to December 1986. This matter is on appeal from a January 2014 rating decision issued by the Regional Office (RO). The Veteran filed a notice of disagreement in February 2014. A supplemental statement of the case was issued in February 2016. The Veteran filed a substantive appeal in March 2016. An administrative decision, issued by the Director of Compensation and Pension, was submitted to the record in June 2016. A supplemental statement of the case was issued in July 2016. The Veteran testified in Togus, Maine, at a Board videoconference hearing in April 2019 before the undersigned Veterans Law Judge. The hearing transcript has been associated with the record. This matter was previously before the Board in September 2019. The Board denied entitlement to TDIU. The Veteran appealed the September 2019 Board decision to the U.S. Court of Appeals for Veterans Claims (CAVC).     A September 2019 Order by CAVC adopted a Joint Motion for Remand (JMR) filed by the parties. The parties agreed that the Board did not discuss the Veteran’s education, work history, and training when assessing whether the service-connected disabilities impacted his physical and mental ability to perform the types of activities required by the occupation in question. The Board also did not address favorable evidence supporting the claim. Disability ratings are determined by applying the criteria set forth in VA’s Schedule for Rating Disabilities (Rating Schedule), which is based on the average impairment of earning capacity. 38 U.S.C. § 1155. TDIU may be assigned 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. The service-connected disabilities, employment history, educational and vocational attainment, and all other factors having a bearing on the issue will be addressed in both instances. 38 C.F.R. § 4.16(a), (b). There are a variety of potentially relevant factors in order to determine whether a veteran can secure and follow a substantially gainful occupation under 38 C.F.R. § 4.16: (1) the veteran’s history, education, skill, and training, (2) whether the veteran has the physical ability (both exertional and non-exertional) to perform the type of activities required by the occupation at issue, including limitations in lifting, bending, sitting, and other similar activities, and (3) whether the veteran has the mental ability to perform the activities required by the occupation at issue, including difficulty concerning memory, concentration, ability to adapt to change, ability to handle work place stress, ability to get along with coworkers, and ability to demonstrate reliability and productivity. See Ray v. Wilkie, 31 Vet. App. 58 (2019). In this case, the Veteran submitted applications for increased compensation based on unemployability (VA Form 21-8940) in September 2011 and February 2015. The Veteran reported that he worked as a UPS driver after service separation, then as a landfill foreman for eight years, then ran his own handyman business for several years, and then became a “scorer” at the Naval Air Station from January 1997 to January 2011. See June 2011 VA Examination; February 2015 Application for Increased Compensation Based on Unemployability (VA Form 21-8940). The Veteran also reported receiving $1,400 per month in disability retirement from the City of Topsham, Maine. The Veteran claimed that he became too disabled to work on January 1, 2011. The Veteran checked the box that he has not tried to obtain employment since he became too disabled to work. The Veteran also reported that he graduated from high school. See September 2011 Veterans Application for Increased Compensation Based on Unemployability (VA Form 21-8940); February 2015 Veterans Application for Increased Compensation Based on Unemployability (VA Form 21-8940). In light of the September 2019 JMR’s direction to address education and training, the Board needs additional evidence from the Veteran about the education, skills, duties, and training required to perform his previous occupations. The Veteran’s work history is also unclear from the Veteran’s TDIU application, written submissions, and hearing testimony. For example, in the February 2015 application for increased compensation based on unemployability, the Veteran claimed that he became too disabled to work on January 1, 2011; however, at the June 2015 VA examination, the Veteran reported that he did “limited work on his home business, managing 3 properties.” As such, the Board finds that remand is warranted to obtain additional evidence from the Veteran to help adjudicate the TDIU claim. The matters are REMANDED for the following action: 1. Obtain an updated VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability) from the Veteran to include information about the “home business” he reported in the June 2015 VA examination. 2. Obtain additional information from the Veteran about his education and employment history. The Veteran should explain the education, skills, duties, and training required to perform each occupation listed in the applications for increased compensation based on unemployability. (a.) For each previous occupation, the Veteran should explain: i. What education or training, if any, did you complete to perform the tasks associated with the occupation? ii. What skills are required to perform the tasks associated with the occupation? iii. What were the daily tasks associated with the occupation? (b.) Did the Veteran obtain any additional education or training after becoming too disabled to work? If so, list all education or training of any kind, including on the job, and describe the education and training. (Continued on the next page)   (c.) Did the Veteran obtain employment since he became too disabled to work? List all employment, part-time and full-time. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Costantino, Associate 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.