Citation Nr: 21030399
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 15-39 226
DATE: May 18, 2021

REMANDED

A total disability based on individual unemployability due to service-connected disability (TDIU) from July 1, 2013, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1966 to June 1970.  

In May 2019, the Department of Veterans Affairs (VA) Board of Veterans' Appeals (Board) denied the Veteran's claim of entitlement to a TDIU since July 1, 2013.  The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  Pursuant to a June 2020 Joint Motion for Remand (JMR) filed by the parties and a June 2020 Order, the Court has remanded the claim back to the Board.

Entitlement to a TDIU from July 1, 2013.

Since the statement of the case (SOC) issued in October 2015, additional relevant evidence, including VA treatment records, has been added to the Veteran's file.  Therefore, a remand is warranted for the issuance of a supplemental statement of the case (SSOC).  See 38 C.F.R. § 19.31.

Further, the Veteran was recently awarded service connection for right ear hearing loss and tinnitus in January 2021.  Accordingly, on remand he should also be scheduled for a VA examination to assess the impact of all of his service-connected disabilities on his occupational functioning.

Accordingly, the case is REMANDED for the following action:

1. Obtain the Veteran's VA treatment records, dated from January 2021 forward.

2. Next, schedule the Veteran for appropriate VA examinations to assess the impact of his service-connected residuals of prostate cancer, status post radical prostatectomy; erectile dysfunction; right ear hearing loss; and tinnitus on his occupational functioning.  The examiner(s) should discuss how and to what extent the Veteran's service-connected disabilities affect his ability to perform occupational tasks.  

The opinion(s) must be supported by a complete explanation(s).

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3. If any benefit sought on appeal remains denied, provide a supplemental statement of the case (SSOC) to the Veteran and his representative, considering all evidence received since the issuance of the October 2015 SOC.  An appropriate period of time for response must be allowed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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.