Citation Nr: 21039815 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 10-14 000A DATE: July 1, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1971 to December 1991. He died in January 2009, and the appellant is his surviving spouse. She has been substituted in this appeal that was pending at the time of the Veteran's death. This matter comes to the Board of Veterans' Appeals (Board) on appeal from rating decisions issued in April 2009 and August 2009 by a Department of Veterans Affairs (VA) Regional Office. In December 2015 and October 2017, the Board remanded the claim for additional development and it now returns for further appellate review. Entitlement to a TDIU. The appellant contends that the Veteran was unable to maintain substantially gainful employment prior to his death, as a result of his service-connected disabilities. At the time of his death, service connection had been established for posttraumatic stress disorder (PTSD), a right shoulder disability, a left rib disability, a left lung disability, hiatal hernia with reflux, gastritis, duodenitis with lactose intolerance, a lumbosacral spine disability, a cervical spine disability, and bilateral hearing loss. The Veteran's combined disability rating was 80 percent, effective September 6, 2005. Based on the Veteran's March 2008 Application for Increased Compensation Based on Unemployability (VA 21-8940), the Veteran last worked full time on January 2, 1992, which is the date he became too disabled to work. By way of background, a medical opinion was obtained in August 2016. However, the examiner, at the time, stated that he was unable to provide an opinion beyond mere speculation because such an opinion would require knowledge of the Veteran's education level, employment history, and mental and physical capabilities. In this regard, the examiner noted that he did not have the necessary information to make such an opinion and that the Veteran's service-connected hearing loss and mental health would need to be addressed by an appropriate examiner. Finding that the examiner did not provide an adequate opinion, the Board remanded the claim again in October 2017. In February 2019, addendum opinions for each service-connected disability were provided. In regard to the Veteran's PTSD, a psychologist noted a review of the 2007 VA examination and 2005 Mental Residual Capacity Assessment. It was noted that the Veteran's ability to understand and follow directions, retain instructions and concentration, and ability to perform simple tasks was not impaired. Additionally, his ability to sustain concentration, task persistence, ability to respond appropriately to coworkers, supervisors and the general public, and ability to respond appropriately to changes in the work setting was considered mildly impaired. Overall, the examiner found that the Veteran's mental condition did not preclude occupational functioning in a sedentary, structured, solitary work environment that accommodates physical limitations. A VA audiological opinion was given in February 2019. It described the functional effects of hearing impairment in the context of an occupational environment. The PTSD and audiological examinations appears to meet the requirements for a valid opinion consistent with the Board's prior remand. A different VA examiner provided addendum opinions regarding the Veteran's remaining service-connected disabilities. For each disability, the examiner cited prior medical records. Based on such records, the examiner opined that the there was no functional impact as related to sedentary or physical employment. Rather, the examiner noted on each opinion, that the Veteran had a college degree in marketing and communication skills sufficient to instruct classes in nursing. Thus, the examiner opined that the Veteran could function in sedentary employment. In the opinions, this examiner did not specifically describe the functional impact of the impairments caused by his disabilities on his ability to function in any occupational environment. Rather, the examiner simply summarized the medical records, then offered the same conclusory opinion that "[t]here is no functional impact as related to employment for sedentary or physical employment due to [the service-connected disability]." The same rationale was offered for each opinion: "The rationale is in the medical records." The examiner the restated his opinion that these medical records "indicate[] that he could function in sedentary employment." In order to properly evaluate this claim, the Board needs to know the functional impairments caused by the Veteran's service-connected disabilities, rather than the examiner's own conclusory opinion as to whether the Veteran could work in sedentary employment. Whether he could function in sedentary (or physical) employment is an adjudicative matter, not a medical one. Geib v. Shinseki, 733 F.3d 1350, 1354 (Fed. Cir. 2013); Delrio v. Wilkie, 32 Vet. App. 232, 242-43 (2019). Accordingly, the Board finds a remand necessary in order to obtain an addendum opinion addressing such matters. The matters are REMANDED for the following action: Forward the record, to include a copy of this remand, to an appropriate VA examiner so as to provide a retrospective medical opinion regarding the functional impact of the Veteran's service-connected disabilities on his ability to function in a work environment. In offering an opinion, the examiner should discuss, in detail, the functional impact of the Veteran's service-connected right shoulder disability; left rib disability; left lung disability; hiatal hernia with reflux gastritis, duodenitis with lactose intolerance; lumbar spine disability; and cervical spine disability. The examiner is asked to describe the functional impairment caused by each service-connected disability as it pertained to the Veteran's ability to function in an occupational environment. The examiner should, for instance, describe the limitations and restrictions imposed by his service-connected impairments on routine work activities for up to six hours per day, such as following direction, completing tasks, interacting with customers/coworkers and using technology, plus other physical activities such as sitting, standing, walking, lifting, carrying, pushing, and pulling, and mental activities such as understanding and remembering instructions, and sustained concentration. The examiner is asked to identify, to the extent possible, the date on which any change in degree of impairment first occurred. Corey Bosely Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Waite 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.