Citation Nr: 21014078 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 11-00 944 DATE: March 11, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1977 to August 1980. This matter is on appeal from a January 2013 rating decision. In August 2016 and May 2020, this matter was remanded by the Board for further development. The Veteran has asserted that he is unemployable due, in part, to his service-connected bilateral knee and foot disabilities. See Rice v. Shinseki, 22 Vet. App. 447 (2009). However, the Board observes that the Veterans employment history is unclear from the record. Specifically, records from the Social Security Administration include a June 2007 VA treatment record which states that he worked in 2001 in a VA Compensated Work Therapy (CWT) program. He stated that he lost the job because he failed to report SSD income. An October 2019 VA treatment record states that he was last employed in April 2019 working in a CWT program in Dallas before he stopped working due to foot ulcer. In the instant case, in order to fairly adjudicate the claim, the Board seeks clarification as there are incomplete accounts of the Veteran’s employment history. Although the Veteran submitted a formal TDIU claim in June 2012, the form is incomplete. On remand, a new VA Form 21-8940 should be completed to fully develop his claim. Moreover, it remains unclear whether the Veteran is unemployable due solely to his service-connected disabilities. In May 2020, the Board requested an opinion regarding the functional impairment caused by the Veteran’s service-connected bilateral foot and knee disabilities, singularly and jointly. Pursuant to the Board’s remand, the Veteran underwent December 2020 VA knee and feet Disability Benefits Questionnaire (DBQ) examinations at which time the examining physician opined that the bilateral foot disability impacted his ability to perform any type of occupational task. He required a seated position most of the day and was limited to sedentary activities. He also required the use of a wheelchair and scooter as needed and was unable to engage in prolonged walking and standing. Regarding his bilateral knee disability, the examining physician further opined that his sedentary activities were limited by knee pain and his need to change positions every 20 minutes. On December 2020 on VA amputations DBQ examination the examining physician diagnosed status post amputation great, second toes, and Distal Symes amputation left 3rd digit in 2020 and opined that this disability impacted his ability to work. Notably, however, the Veteran is not service-connected for amputation of his toes. As it remains unclear whether the Veteran is unemployed due to his service-connected bilateral knee and foot disabilities, an addendum should be obtained regarding this issue. The matters are REMANDED for the following actions: 1. Contact the Veteran and verify his employment history or send the Veteran a VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability to be fully completed and returned to VA. 2. Obtain any outstanding records pertaining to participation in VA’s Compensated Work Therapy (CWT) programs. 3. Then, obtain an appropriate addendum from a VA Vocational Rehabilitation Specialist, or other appropriate VA examiner, regarding the Veteran’s functional impairment and limitations due to his service-connected disabilities. Unless the examiner finds that a new examination is required, the Veteran need not be examined. The claims file, including a copy of this remand, must be made available to the examiner review who should indicate that the claims file was reviewed. (Continued on the next page)   Thereafter, the examiner should describe the functional impairment and limitations due to the Veteran’s service-connected disabilities. A complete rationale for any opinion expressed and conclusion reached should be set forth in a report. The examiner should address, as appropriate, the pertinent evidence of record, to include the Veteran’s lay statements regarding his employability; February 2020 and February 2021 Briefs; and December 2020 VA knee, foot, and amputations and foot examinations and opinions. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Adams, 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.