Citation Nr: 21014260 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 14-18 095 DATE: March 11, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability is remanded. REASONS FOR REMAND The Veteran served for approximately 13 years on active duty in the U.S. Army, from October 1973 to April 1986. In this appeal, he seeks a total disability rating based on individual unemployability (TDIU) resulting from his service-connected disabilities. The Veteran’s primary disability, lumbar myositis at L4-L5 with degenerative disc disease (back disability), is currently rated as 40 percent disabling. A review of the claims file reveals that the Veteran has been afforded several VA examinations in relation to his back disability. Notably, the examination reports range from documenting the Veteran as having (1) partial, incomplete functional capacity of the back to (2) complete, functional incapacity of the back, to (3) having no functional incapacity of the back at all. See, e.g., examination reports dated in August 2012, December 2012, November 2014 and October 2019. Given the conflicting and contradictory findings set forth in the VA examination reports, the Board finds that a remand is warranted to obtain a medical opinion from an appropriate medical professional reconciling the different medical findings pertaining to the Veteran’s back since the Veteran’s back symptomatology is particularly pertinent in the evaluation of his claim for TDIU. This matter is REMANDED for the following actions: Obtain a medical opinion from an appropriate medical professional, preferably one other than the October 2019 VA examiner, if possible, for the purpose of reconciling the medical opinions of record documenting the Veteran as having (1) partial, incomplete functional capacity of the back to (2) complete, functional incapacity of the back, to (3) having no functional incapacity of the back at all. If the medical professional determines that the pertinent findings cannot be reconciled and a new physical examination is necessary, the Veteran should be scheduled for another exam. a. The medical professional should be asked to reconcile the medical opinions and provide an opinion as to whether the Veteran has the physical ability (both exertional and non-exertional) to perform the type of activities (e.g., sedentary, light, medium, heavy, or very heavy) required by any given occupation. Factors that may be relevant include, but are not limited to, the veteran’s limitations, if any, concerning lifting, bending, sitting, standing, walking, climbing, grasping, typing, and reaching, as well as auditory and visual limitations; b. If the medical professional determines from an overall review of the examination reports that the Veteran’s back disability results in his being limited to sedentary work, he/she is asked to attempt to explain how sedentary employment fits within the Veteran’s overall disability picture, his occupational history, and his functional impairment. A complete rationale must be provided for all opinions expressed. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Talpins, Patricia 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.