Citation Nr: 21012276 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 14-16 098 DATE: March 4, 2021 REMANDED Entitlement to a total disability rating based upon individual employability (TDIU), to include as based on an extra-schedular basis, is remanded. REASONS FOR REMAND The Veteran served honorably in the U.S. Navy from January 1970 to December 1973. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision issued by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified before the undersigned at a hearing held in May 2015; a transcript of that hearing is of record. The Board remanded this appeal in December 2019 for further development, including the preparation of a full statement regarding the Veteran’s service-connected disabilities, employment history, educational and vocational attainment, and all other factors having a bearing on the issue of entitlement to TDIU. The case was referred, an opinion obtained and the case has been returned to the Board. Entitlement to a total disability rating based upon individual employability (TDIU), to include as based on an extraschedular basis, is remanded. Unfortunately, the Veteran’s extraschedular TDIU claim must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. In this case, the Veteran is currently in receipt of the following evaluations: (1) a 30 percent evaluation for his service-connected bilateral hearing loss; (2) a 10 percent evaluation for his service-connected left knee disability, to include instability; and (3) a separate 10 percent evaluation for his service-connected left knee disability, to include degenerative joint disease. Throughout the entire period on appeal, the Veteran’s combined disability evaluation has reached a maximum of 40 percent; thus, the Veteran has not met the schedular requirements for a TDIU at any point during the period on appeal. See 38 C.F.R. § 4.16(b) (2020). However, the Veteran contends that he is entitled to an extraschedular TDIU on the grounds that his service-connected disabilities render him unable to perform exertional or non-exertional activities with the regularity and for the duration normally required for substantially gainful employment, and that he does not have the ability to perform work with reasonable consistency and for a reasonable time. In May 2018, the Veteran submitted a VA Form 21-8940 Veterans Application for Increased Compensation based upon Individual Employability (the May 2018 Form 8940) which states that he last worked full-time on October 12, 2013, and that he became too disabled to work on December 12, 2013. The May 2018 Form 8940 further states that the Veteran last worked on a ranch, feeding cattle, doing mechanical work and yard work, but that he “had to quit” because he “had a problem following orders” and could not hear or understand his supervisors and co-workers. The Veteran further contends that his supervisor “refused to talk louder” or to “explain himself better,” and that the Veteran consequently “made several mistakes due to misunderstanding.” In June 2018, the Veteran submitted a second VA Form 21-8940 Veterans Application for Increased Compensation based upon Individual Employability (the June 2018 Form 8940) which states that he last worked full-time on May 31, 2009, and that he became too disabled to work on October 16, 2013. The June 2018 Form 8940 further contends that the Veteran does not have the ability to perform exertional or non-exertional activities with the regularity and for the duration normally required for substantially gainful employment, and he does not have the ability to perform work with reasonable consistency and for a reasonable time. As stated above, in December 2019, the Board referred the claim to the Director of Compensation Service for adjudication pursuant to 38 C.F.R. § 4.16(b). Upon review of the record, however, further development is necessary. Specifically, although, VA examinations in 2019 discuss the conditions separately, there is no opinion that considers the combined impact of the service-connected conditions in light of his educational and employment history. Therefore, the Board finds that further development is necessary to determine whether the Veteran’s service-connected disabilities, alone or in conjunction, preclude all forms of substantially gainful activity, including in a sedentary or semi-sedentary environment and in environments not requiring direct customer contact. See Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991). Accordingly, in light of the foregoing, Veteran’s extraschedular TDIU claim must once again be remanded for further development, in order to determine whether the Veteran is entitled a TDIU on an extraschedular basis. See Colvin, 1 Vet. App. at 175; see also Stegall, 11 Vet. App. at 271. Accordingly, this matter is REMANDED for the following action: 1. Send the Veteran a VA Form 21-8940 and request that he provide a full and complete history of all employment, education, and vocational attainment since his separation from the military. 2. After the above development and any additionally indicated development has been completed, obtain a VA addendum opinion (with examination only if deemed necessary) by a vocational specialist if possible (if not possible, then by an appropriate medical provider). The entire claims folder should be made available and reviewed by the examiner. All indicated studies should be performed and all findings should be reported in detail. Based upon a review of the entire record, the examiner is requested to provide an opinion as to the combined functional impact of the Veteran’s service-connected disabilities on his employability. The examiner should also identify the functional impairment of the combined effects of the Veteran’s service-connected disabilities, taking into consideration his education and occupational experience, but not the effects of age and any non-service-connected disabilities. Information such as the functional impairment in his ability to hear, stand, walk, lift, carry, sit, concentrate, etc., as well as the impact of any medications taken for his service-connected disabilities should be indicated. The examiner must include a rationale with all opinions, citing to supporting clinical data/medical literature as appropriate. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Marsdale 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.