Citation Nr: 21015996
Decision Date: 03/19/21	Archive Date: 03/19/21

DOCKET NO. 15-22 363
DATE: March 19, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2007 to June 2007 and from May 2009 to July 2010.   

This appeal comes before the Board of Veterans’ Appeals (Board) from a November 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

In January 2017, the Veteran testified at a video conference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is available in the record.

1. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

Upon review of the record, the Board finds that for purposes of adjudicating the Veteran’s TDIU claim, the June 2019 VA examination report is incomplete, as the VA examiner did not provide an discussion as to the functional impact that the Veteran’s service-connected disabilities have on his ability to work. To point, although indicating that the Veteran’s peripheral nerve condition and/or peripheral neuropathy disabilities do impact his ability to work, the VA examiner elicited a history of symptoms from the Veteran but did not otherwise provide a discussion of the occupational and functional impairment regarding the service-connected disabilities. When medical evidence is incomplete, VA must supplement the record by seeking another medical examination. Colvin v. Derwinski, 1 Vet. App. 171 (1991); Hatlestad v. Derwinski, 3 Vet. App. 213 (1992). 

In addition, in December 2020, the Veteran has submitted additional financial information and argument regarding his income and employment. He asserts that his employment is marginal.  This additional evidence and argument must be addressed in readjudication of the claim by the RO. 

Therefore, additional development is required prior to adjudicating the Veteran’s TDIU claim.

The matters are REMANDED for the following action:

(Continued on the next page)

 

1. Obtain an addendum medical report for the Veteran’s TDIU claim addressing the functional impact/impairment that his service-connected disabilities have on his ability to work. If in-person medical examinations are deemed necessary to provide the same, schedule them.

2. The RO should readjudicate the claim, to include consideration of whether his employment during the pendency of the appeal is marginal employment.

 

 

K. J. ALIBRANDO

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.