Citation Nr: 21021061 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 14-42 849 DATE: April 9, 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 had active military service from June 1975 to June 1978 and July 1981 to June 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2010 rating decision issued by the VA Regional Office (RO). This case was previously before the Board in October 2020, at which time the issues currently before the Board were remanded for additional development. The case has now been returned to the Board for appellate review. In a January 2021 rating decision, the Veteran was granted entitlement to service connection for posttraumatic stress disorder and major depressive disorder. There is no indication from the record that the Veteran has disagreed with the rating or effective date assigned in that decision. Therefore, that decision constitutes a full grant of the benefit sought on appeal and the Board has limited its consideration accordingly.   The Veteran maintains that he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. Initially, the Board notes that the Veteran has a combined rating of 50 percent, and so, does not meet the schedular criteria for assignment of a TDIU. Nevertheless, it is VA’s established policy that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, if the schedular percentage threshold criteria are not met, but there is evidence of unemployability due to service-connected disabilities, the case must be submitted to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis. 38 C.F.R. § 4.16(b). The evidence of record indicates that the Veteran last worked in March 2009, and that he stopped working as a result of his service-connected back disability. As there is evidence that the Veteran was unable to work due to his service-connected back disability, the Board remands this matter for referral to the Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis. The matters are REMANDED for the following action: 1. Refer the claim to the Director of Compensation Service for consideration of entitlement to a TDIU on an extraschedular basis pursuant to 38 C.F.R. § 4.16 (b). 2. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. Umez-Eronini, 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.