Citation Nr: 21021537 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 13-05 016 DATE: April 13, 2021 REMANDED Entitlement to a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Navy from March 1969 to August 1973. The claim on appeal was last remanded by the Board in December 2020 for further evidentiary development. A review of the record reflects substantial compliance with the Board's Remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). A supplemental statement of the case (SSOC) was issued in March 2021. The Veteran’s VA claims file has been returned to the Board for further appellate proceedings. 1. Entitlement to a TDIU is remanded. Pursuant to a December 2020 Board decision, this matter was remanded for additional development to include affording the Veteran an opportunity to submit VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability) and to obtain relevant employment and educational information. Regrettably, as to the issue of entitlement to a TDIU, an additional remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the appellant’s claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. In his VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, he reported that he was unable to work due to his service-connected right knee disabilities and his nonservice-connected cancer. Specifically, he indicated that he last worked full time in 1993. The Veteran listed his previous occupation as a customer service representative. No employer was listed. Review of the record indicates that the Veteran has been granted service connection for multiple disabilities impacting the right knee. Specifically, the Veteran has been granted service connection for status-post (s/p) right knee total arthroplasty evaluated as non-compensable from August 14, 1973, 10 percent disabling from November 1, 2007, 100 percent disabling from March 4, 2010, 30 percent disabling from May 1, 2001, and 60 percent disabling from February 28, 2012; limited extension of the right knee associated with s/p total right knee arthroplasty, evaluated as 20 percent disabling from March 26, 2009 to March 4, 2010, right knee instability, evaluated as 20 percent disabling from May 1, 2011; right knee surgical scar associated with s/p right total knee arthroplasty, evaluated as 10 percent disabling from March 4, 2010. While the Board recognizes that at least one of the Veteran’s service-connected right knee disabilities has been evaluated as 60 percent disabling from February 28, 2012 forward, the record shows that the current severity of his condition was last evaluated on VA examination in March 2018. Moreover, the Veteran contends that his service-connected right knee disabilities have rendered him unemployable. The Board recognizes that the Veteran is generally competent to report on his current symptoms and their worsening. Proscelle v. Derwinski, 2 Vet. App. 629 (1992). Where there is evidence that the condition has worsened since the last examination, a veteran is entitled to a new VA examination. Snzy’fer v. Gober, 10 Vet. App. 400 (1997). The matters are REMANDED for the following action: 1. Contact the Veteran to request additional information regarding his most recent employer. Upon receipt, contact the employer identified to confirm the Veteran’s dates of employment. Copies of all related must be associated with the claims file. 2. Obtain updated VA and private treatment records and associate them with the claims file. 3. Schedule the Veteran for an appropriate VA examination to determine the current severity of his service-connected right knee disabilities. The entire claims file and a copy of this remand should be made available to the examiner for review, and such review should be noted in the examination report. All necessary tests and studies should be conducted. The examiner must also discuss the functional effects of the Veteran’s service-connected right knee disabilities, and any related residual conditions. As a part of the examination and/or opinion, the examiner must consider all medical evidence to include the Veteran’s lay statements. Any opinion offered must be accompanied by a complete rationale, to include consideration of all medical evidence and lay statements. If any requested opinion cannot be offered without resorting to speculation, the examiner should indicate such in the examination report and explain why a non-speculative opinion cannot be offered. The examiner should also identify what, if any, additional information or evidence would allow for a more definitive opinion. 4. Thereafter, re-adjudicate the Veteran’s claim. If any benefit sought remains denied, provide the Veteran with a supplemental statement of the case and an adequate opportunity to respond before returning the matter to the Board for further adjudication, if otherwise in order The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires all claims remanded by the Board or by the United States Court of Appeals for Veterans Claims to be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112. Katherine Kiemle Buckley Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Whitaker, 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.