Citation Nr: 21024350 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 16-15 393A DATE: April 22, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from July 1979 to February 1986. He also had additional service in the Louisiana Army National Guard. The Veteran testified at a hearing held before the undersigned Veterans Law Judge in December 2019. In March 2020 and in December 2020 this case was remanded by the Board for further development. Entitlement to a total rating based on individual unemployability (TDIU) is remanded. The Board finds that the evidence of records suggests that the Veteran’s service-connected psychiatric disability may have rendered him unemployable and that referral of this claim on an extraschedular basis to the Director, Compensation Service is warranted. This claim was previously remanded pending determination of the rating evaluation for the Veteran’s service connected acquired psychiatric disorder, which was granted in the October 2020 Board decision. In October 2020, an evaluation of 50 percent was assigned effective February 26, 2010. In November 2020, the RO requested that the Veteran complete a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, pursuant to Board remand directives. The Veteran did not complete and return a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, as requested by the RO, however. The Board notes that in June 2019, VA received a statement from a witness who has observed the impact of the Veteran’s psychiatric disorder on his ability to maintain employment. See Statement from F.E. dated June 2019. Additionally, the Board observes that the Veteran submitted a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability in April 2011 indicating that he had not been employed the previous six years, thus the Board will give the Veteran one more opportunity to provide the information requested. As such, although it may be not be necessary, the RO should offer the Veteran the opportunity to complete an updated VA Form 21-8940, if necessary, (or other information from which an effective inference can be drawn regarding whether or not the Veteran’s earned income is below the poverty threshold during the period on appeal). In addition, the Board observes that the January 2021 VA psychiatric examination report reflects that the Veteran’s posttraumatic stress disorder (PTSD) is productive of suicidal ideation, depressed mood, anxiety, suspiciousness, memory loss, difficulty in establishing and maintaining effective work relationships, disturbances of motivation and mood, difficulty in adapting to stressful circumstances, including a work or a work-life setting and an inability to establish and maintain effective relationships. In addition, in commenting on the Veteran’s employability, the examiner commented, The veteran reported that he experiences anxiety most days and frequent depressed mood. He noted that this causes impaired motivation to engage in tasks as well as an inability to maintain attention and concentration. These symptoms may cause problems in a work environment that required him to engage in tasks requiring sustained attention or to engage in tasks that require an ability to follow complex commands or engage in novel activities. The veteran also reported poor memory which could significantly interfere with his ability to follow direction and complete occupational tasks in an efficient and complete manner. Moreover, the veteran noted that when presented with a problem in routine activities he becomes easily frustrated which causes him to fail to complete his tasks and requires him to walk away “for a little while.” He noted this is also how he handles interpersonal disagreements. This behavior in an occupational setting may impair his ability to deal effectively with co-workers, supervisors, and may impair his ability to manage stress that arises from routine complications inherent in any occupational setting. (Emphasis added by the Board). The matter is REMANDED for the following action: 1. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge of the nature, extent, and severity of his service-connected acquired psychiatric disorder and its impact on his ability to work. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 2. Invite the Veteran to submit a completed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. 3. Refer this case to the Director, Compensation Service, for consideration of entitlement to a TDIU on an extraschedular basis. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Booker 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.