Citation Nr: 21032200 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 14-28 939 DATE: May 26, 2021 REMANDED Entitlement to a rating greater than 30 percent for residuals of larynx cancer, to include on an extraschedular basis, is remanded. Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran had active military service from August 1966 to August 1969 and from November 1969 to June 1978. This matter comes before the Board of Veterans' Appeals (Board) from the August 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a September 2017 hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. This matter was previously before the Board in June 2020 and the Veteran's claim for entitlement to an increased rating for his larynx cancer residuals was denied. The Veteran appealed this decision to the Court of Veterans Appeals (Court). In December 2020, the Court issued a joint motion for partial remand. 1. Entitlement to a rating greater than 30 percent for residuals of larynx cancer, to include on an extraschedular basis, is remanded. The Veteran contends that his residuals of larynx cancer warrants a higher rating. In a December 2020 statement, the Veteran asserted that his larynx cancer residual disability has increased in severity since he was last examined by VA. Therefore, the Board finds that the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of any residuals of his larynx cancer to include pharyngeal stenosis, xerostomia, and right sided muscle spasms of the neck. 2. Entitlement to a total disability rating for compensation based on individual unemployability (TDIU) due to service-connected disabilities The Court has held that a claim for a total rating based on unemployability due to service connected disabilities (TDIU), either expressly raised by a veteran or reasonably raised by the record, involves an attempt to obtain an appropriate rating for a disability and is part of the claim for an increased rating. Rice v. Shinseki, 22 Vet. App. 447 (2009). Here, the Veteran has asserted that he is totally unemployable as the result of his service-connected disability. Accordingly, the Board concludes that a claim for TDIU has been raised. However, as the resolution of the claim for an increased rating for larynx cancer residuals might be determinative of the Veteran's TDIU claim, the issues are inextricably intertwined, and the TDIU issue must also be remanded. See Henderson v. West, 12 Vet. App. 11, 20 (1998); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the current nature and severity of any diagnosed larynx cancer residuals. The examination should include all studies, tests, and evaluations deemed necessary by the examiner. The examiner should report all manifestations related to the service-connected disability. The examiner should address the severity of the disorder, to include whether it is severe, permitting liquids only, as well as whether it results in marked impairment of general health. All opinions provided must be thoroughly explained and an adequate rationale for any conclusions reached must be provided. If any requested opinion cannot be provided without resort to speculation, the medical professional should state and explain why an opinion cannot be provided without resort to speculation. 2. In a December 2020 statement, the Veteran reported symptomatology and functional impairment that is not reasonably contemplated by the relevant diagnostic codes, and treatment records suggests he has experienced marked interference with employment due to service-connected disability. The Veteran's claim for an increased rating is being remanded and referred to VA's Director of Compensation Service for extraschedular consideration. Thun v. Peake, 22 Vet. App. 111, 115-16 (2008). (Continued on the next page) 3. Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence. MICHAEL MARTIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Mountford, 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.