Citation Nr: 21029659 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 11-08 416 DATE: May 14, 2021 REMANDED The appeal regarding entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran, who is the Appellant in this case, had active service from December 1988 to October 1992. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a December 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2014, the Board denied a TDIU. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In June 2016, the Court issued a Memorandum Decision which vacated the portion of the December 2014 Board decision that had denied a TDIU and remanded the case back to the Board for compliance with instructions provided in the Memorandum Decision. In August 2017, February 2019, and September 2020, the Board remanded the case for further development. While the Board regrets the additional delay, another remand is required. The record indicates that the Veteran has been employed in a full-time capacity since 2013; however, the TDIU claim is part and parcel of an increased rating claim filed by the Veteran in July 2008. In September 2020, the Board remanded the case to obtain VA opinions, with examinations if deemed necessary, regarding the functional impact of the Veteran's service-connected disabilities. The Board directed that, for each service-connected disability (psychiatric disability, cervical and lumbar spine disabilities, bilateral lower extremity radiculopathy, and migraine headaches), the examiner was to provide an opinion as to whether there had been any improvement or worsening of the condition since July 2008, and, for each disability, whether there had been any improvement or worsening of the Veteran's workplace limitations since July 2008. Review of an October 2020 VA Medical Opinion report with regard to the Veteran's service-connected psychiatric disability reveals that the examiner stated he was unable to opine whether the psychiatric disability had worsened since July 2008 because there were no treatment records regarding the psychiatric disability since October 2016, even though the examiner was asked to address worsening or improvement since 2008, not 2016. A different VA psychologist conducted an in-person examination and provided an opinion in March 2021; review of that report reveals that the examiner also did not address whether the psychiatric disability or corresponding workplace limitations had improved or worsened since July 2008. In an October 2020 report, a VA examiner stated that an in-person examination would be necessary to opine whether the Veteran's orthopedic disabilities had worsened since 2008. Examinations for the service-connected cervical and lumbar spine disabilities were scheduled and conducted in February 2021; the VA examiner indicated that the conditions had worsened since their onset in 1991, but did not address whether there had been improvement or worsening of the conditions or related workplace limitations since 2008. With regard the service-connected migraine headaches and radiculopathy, examinations were conducted in February 2021, but the examiner did not address whether the conditions had improved or worsened since 2008. Thus, the Board finds that a remand is warranted for an addendum opinion or opinions that are responsive to the Board's September 2020 remand directives. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from March 2021. 2. Obtain an addendum opinion or opinions from an appropriate clinician or clinicians regarding the Veteran's TDIU claim. An examination is not necessary unless deemed so by the examiner(s). After reviewing the claims file, the examiner must provide an opinion addressing the following: For each service-connected disability (psychiatric disability, cervical spine, lumbar spine, migraine headaches, and bilateral lower extremity radiculopathy), discuss whether there has been any improvement or worsening of the condition since July 2008, and, for each disability, whether there has been any significant improvement or worsening of the Veteran's workplace limitations since July 2008. [CONTINUED ON NEXT PAGE] In discussing the functional impact of the Veteran's disabilities on his ability to work and whether the disabilities have improved or worsened since July 2008, the examiner is asked to comment on the private opinion of record from R.B. dated in April 2017. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Sherrard, 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.