Citation Nr: 21022305 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 15-28 641 DATE: April 15, 2021 REMANDED Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) on an extraschedular basis is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1966 to April 1970 with service in the Vietnam War. This appeal was last before the Board in May 2020 when the issue of TDIU was remanded for further development and the Board finds substantial compliance with its directives. Stegall v. West, 11 Vet. App. 268 (1998). 1. Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) is remanded. The Veteran asserts that due to his service connected disabilities, he is unable to secure or substantially follow gainful employment. Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that the veteran meets the schedular requirements. If there is only one such disability, this disability shall be ratable at 60 percent or more. If there are two or more service-connected disabilities, at least one should be rated at 40 percent or more with sufficient additional service-connected disability to bring the combination to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, disabilities resulting from common etiology will be considered as one disability. 38 C.F.R. § 4.16(a). However, where the percentage requirements are not met, entitlement to benefits on an extraschedular basis may be considered when the Veteran is unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities, and consideration is given to the Veteran’s background including his employment and educational history. 38 C.F.R. § 4.16(b). Here, the Veteran’s service-connected disabilities are currently rated as 10 percent disabling, with a disability rating of 10 percent for tinnitus and a noncompensable rating for hearing loss. As such, the Veteran’s disability rating does not meet the schedular requirement for TDIU. The Board does not have the authority to assign an extraschedular total disability rating for compensation purposes based on individual unemployability in the first instance. Bowling v. Principi, 15 Vet. App. 1 (2001). Instead, the Board must refer the claim of entitlement to extraschedular TDIU to the Agency of Original Jurisdiction (AOJ) for referral to the Director of Compensation Service. The matters are REMANDED for the following action: 1. Refer the Veteran’s claim for TDIU to VA’s Director of Compensation Service for extraschedular consideration. In accordance with 38 C.F.R. § 4.16(b), the AOJ must include a full statement as to the Veteran's service-connected disabilities, employment history, educational and vocational attainment, and all other factors bearing on the issue. 2. Then, readjudicate the TDIU claim. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Nelson 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.