Citation Nr: 21012871
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 15-00 485A
DATE: March 5, 2021

REMANDED

Entitlement to individual unemployability is remanded.

REASONS FOR REMAND

The Veteran had active duty service from October 1965 to October 1969.

This matter comes before the Board of Veterans’ Appeals (Board) from a December 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Board remanded the Veteran’s TDIU for additional development to acquire a medical opinion addressing the occupational effects caused by his service-connected disabilities.  See March 2020 Board remand.  

Entitlement to individual unemployability is remanded.

Upon remand, the Veteran was afforded a VA examination, and the report itself reflects findings made by the VA examiner indicating that the Veteran has not worked since 2005.  See November 2020 VA medical opinion.  Subsequently, the Veteran returned VA Form 21-8940 stating that he was too disabled to work beginning on September 1, 2005, but was also self-employed as an accountant from September 1, 2005 to November 27, 2020.  Thus, the November 2020 VA medical opinion is based on an inaccurate factual premise, namely that the Veteran has not worked since 2005, and therefore the Board must assign the opinion no probative value.  See Reonal v. Brown, 5 Vet. App. 458, 461 (1993); Monzingo v. Shinseki, 26 Vet. App. 97, 107 (2012).  Accordingly, a remand is required to obtain an addendum medical opinion, one that adequately considers the Veteran’s entire employment history for the period on appeal relative to the occupational effects caused by the Veteran’s service-connected disabilities.  See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).

The matters are REMANDED for the following actions:

1. Obtain an addendum medical opinion for the TDIU claim on appeal.  Upon review of the pertinent evidence of record, to include the Veteran’s November 2020 VA Form 21-8940, the VA examiner is requested to opine/identify all limitations or functional impairment caused solely by the Veteran’s service-connected disabilities.  Importantly, given the Veteran’s recent statements as to his employment history, the examiner should attempt to elicit from the Veteran his complete educational, vocational, and employment history and should note any complaints regarding the impact of his service-connected disabilities on employment. 

2. Thereafter readjudicate the claim on appeal.  If the benefit sought remains denied, issue the Veteran and his representative a supplemental statement of the case and provide a reasonable opportunity to respond before returning the matter to the Board for further appellate review.

 

 

Saudiee Brown

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.R. Fey, 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.