Citation Nr: 21027053 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 16-43 825 DATE: May 4, 2021 REMANDED Entitlement to a total disability rating based upon individual unemployability (TDIU) prior to August 25, 2015 is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1980 until June 1980 and from September 1988 until January 1992. The Veteran testified at a hearing before the undersigned Veterans Law Judge in April 2019. A transcript of that hearing is of record. This appeal has been before the Board on two prior occasions. Most recently, in November 2020, the issues of service connection for bilateral hearing loss and entitlement to a TDIU were remanded for further development. Subsequent to the Board's remand, service connection for bilateral hearing loss was granted. This represents a full grant of the benefit sought, and the issue is no longer before the Board. See February 2021 rating decision. In the February 2021 decision, the Agency of Original Jurisdiction (AOJ) granted TDIU, effective August 25, 2015. This represents a partial grant of the benefit sought, because the TDIU is on appeal from the Veteran's December 2013 claim. Thus, entitlement to TDIU for the period before August 25, 2015 is before the Board. Entitlement to TDIU prior to August 25, 2015 is remanded. The Veteran filed a VA Form 21-526EZ, Fully Developed Claim on January 21, 2014 asserting that he is unable to secure or maintain a substantially gainful occupation as a result of his service-connected disabilities. The Veteran does not meet the schedular criteria for a TDIU prior to August 25, 2015. His combined disability rating is 30 percent from November 2001, 40 percent from March 2014. The Veteran contends that his service-connected disabilities, specifically his right hand and bilateral varicose vein disabilities, prevented him from working before August 2015. See January 2014 claim; May 2019 VA Form 21-8940, Application for TDIU. He reported he had a high school education and previous work experience as a cook and bartender, with his last date of employment being December 2011. An April 2014 VA examination for artery and vein conditions noted that the Veteran's bilateral lower extremity varicose veins impact his ability to work due to increased lower extremity edema with prolonged standing. A June 2014 VA hearing loss and tinnitus examination noted that the Veteran's service-connected tinnitus impacted his ability to work because it interferes with his ability to hear at times. The issue of entitlement to TDIU on an extraschedular basis is raised. As the Board cannot decide extraschedular TDIU claims in the first instance, the TDIU claim is referred to the Compensation Service Director for consideration of extraschedular consideration. 38 C.F.R. § 4.16(b); Bowling v. Principi, 15 Vet. App. 1 (2001). The matters are REMANDED for the following action: Refer the claim for entitlement to TDIU prior to August 25, 2015 to the Director of the Compensation and Pension Service for consideration of entitlement to an extraschedular basis pursuant to 38 C.F.R. § 4.16(b). M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Collins, 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.