Citation Nr: 21014666 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 17-61 222 DATE: March 15, 2021 REMANDED Entitlement to a total disability individual unemployability (TDIU) is remanded. VETERAN’S CONTENTIONS The Veteran contends that he is entitled to a TDIU due to his service-connected bilateral pes planus and planar fasciitis. The Veteran testified that he cannot stand or walk for long periods of time. See November 2020 Board Hearing Transcript p. 3. The Veteran stated that he left his last employer because the pain from his feet made it difficult to concentrate. Id. at 5. The Veteran additionally stated that the pain from his feet would affect his ability to work at a sedentary job as well. Id. at 6. Finally, the Veteran stated that he could not walk or stand for approximately two days out of the week. Id. at 12. REASONS FOR REMAND The Veteran served on active duty from May 1978 to August 1982. This matter comes before the Board of Veteran’s Appeal (Board) on appeal from an August 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran selected a hearing with a Veterans Law Judge on his June 2017 VA Form 9. The Veteran appeared and testified at Board hearings before Veterans Law Judge (VLJ) DiLorenzo in March 2020 and before VLJ Krembs in November 2020. The transcripts of both hearings are of record. The Veteran was advised of, and waived, his right to a third hearing during the latter hearing. See Arneson v. Shinseki, 24 Vet. App. 379 (2015); see also January 2021 Board Letters. Entitlement to a total disability individual unemployability (TDIU) is remanded is remanded. The case has now come to the Board for appellate review and, although it regrets the delay, the Board finds that remand is required. At the outset, the Board notes that the Veteran does not meet the schedular requirements for an award of TDIU benefits under 38 C.F.R. § 4.16(a). Although TDIU is not warranted on a schedular basis, TDIU may still be assigned on an extraschedular basis under 38 C.F.R. § 4.16 (b). Where this is warranted, the claim must first be referred by the AOJ to the Director, Compensation Service for extraschedular consideration. The Veteran stated that he became too disabled to work in June 2013. See May 2016 VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability. The December 2015 VA examiner noted the Veteran’s impaired ability to perform occupational tasks because he cannot stand or walk for prolonged periods of time. See December 2015 VA Examination. Further, a March 2017 private treating physician stated that the Veteran was not working because his bilateral foot condition limited his ability to walk, stand, and affected other weight bearing activities. See March 2017 Private Medical Record. Additionally, at his November 2020 hearing before the Board, the Veteran asserted that his foot pain makes it so difficult for him to concentrate, that he does not feel as though he would be capable of working even in a capacity where he was allowed to stay off of his feet. As there is some evidence that the Veteran is unable to work due to his service-connected disabilities, the issue of entitlement to a TDIU must be remanded for referral to the Director, Compensation Service for extraschedular consideration. The matters are REMANDED for the following action: After completing any additional development that is deemed warranted, refer the issue of entitlement to a TDIU, on an extraschedular basis, to the Director, Compensation Service, for extraschedular consideration. In reviewing this case, the Director of VA’s Compensation Service should consider the following evidence of record: 1. March 2015 SSA Medical Records; 2. June 2015 SSA Decision; 3. November 2015 VA Treatment Records; 4. May 2016 VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability 5. March 2017 Private Treatment Record; 6. June 2017 VA Examination; 7. June 2017 Notice of Disagreement; (Continued on the next page)   8. November 2017 VA Form 9; and 9. March and November 2020 Board Hearing Transcripts asserting an inability to obtain or maintain substantially gainful employment as a result of his bilateral foot disabilities, including as a result of impairment of concentration due to pain. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals S.C. KREMBS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.Foster 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.