Citation Nr: 21026022 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 05-41 096 DATE: April 29, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) for the period prior to February 16, 2010 is remanded. REASONS FOR REMAND The Veteran served on active duty served in the Coast Guard from July 1999 to February 2002. The matter of entitlement to TDIU was found to be raised by the record pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009), in a March 2012 remand by the Board of Veterans’ Appeals (Board). In the remand directives, the Board instructed the agency of original jurisdiction (AOJ) to obtain VA examinations regarding claims of entitlement to service connection and to adjudicate the matter of entitlement to TDIU. The matter was again remanded in a September 2017 Board decision as the Veteran was found to have missed, with a showing of good cause, the VA examinations scheduled pursuant to the March 2012 remand directives. In a July 2018 Board decision, the matter of entitlement to TDIU was again remanded to obtain VA examination opinions regarding the functional impact of each of the Veteran’s service-connected disabilities and if warranted by the evidence refer the matter to the Director of the Compensation Service for an extraschedular opinion. In a February 2020 supplemental statement of the case (SSOC), the AOJ determined that entitlement to TDIU was denied and that referral to the Director of the Compensation Service was not warranted. In a May 2020 Board decision, the matter of entitlement to TDIU was remanded to obtain a VA examination opinion regarding the combined functional impact of the Veteran’s service-connected disabilities. Upon remand, the AOJ conducted the requested VA examination and entitlement to TDIU was granted effective February 16, 2010, which was the date the Veteran first met the schedular requirements for TDIU. Presently, the Board finds that further development is necessary regarding the Veteran’s claim of TDIU for the period prior to February 16, 2010. The Veteran contends that he was prevented from obtaining and retaining substantially gainful employment by his service-connected disabilities for the period prior to February 16, 2010. The Veteran’s combined disability rating for this period does not meet the schedular requirement. If a Veteran fails to meet the applicable percentage standards provided in 38 C.F.R. § 4.16(a), an extraschedular rating is for consideration where the Veteran is unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities. 38 C.F.R. § 4.16(b). If the Board finds that a Veteran is unemployable by reason of his service-connected disabilities but fails to meet the threshold requirements for a schedular TDIU, the matter should be submitted to the Director of the Compensation Service for consideration of TDIU on an extraschedular basis. As noted above, following the May 2020 Board remand, a VA examination opinion was obtained in December 2020 regarding the combined functional impact of the Veteran’s service-connected disabilities and entitlement to TDIU was granted effective February 16, 2010. Further, the December 2020 VA examiner specifically stated that the Veteran was unemployable due to his service-connected disabilities, primarily his service-connected Ewing’s sarcoma. Accordingly, referral to the Director of the Compensation Service for consideration of TDIU for the period prior to February 16, 2010 on an extraschedular basis is therefore warranted. The matters are REMANDED for the following action: 1. Refer the matter of TDIU for the period prior to February 16, 2010 on an extraschedular basis under 38 C.F.R. § 4.16(b) to the Director of the Compensation Service and notify the Veteran of such action. S. Sorathia Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Page-Nelson, 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.