Citation Nr: 21042494 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 13-18 029 DATE: July 13, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1966 to August 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2011 rating decision of the Agency of Original Jurisdiction (AOJ). The Board remanded this claim in October 2019 to obtain a completed VA Form 21-8940 and afford the AOJ the opportunity to review evidence relevant to the claim in the first instance. The claim is now returned to the Board for appellate review. The Board acknowledges the AOJ requested a VA Form 21-8940 from the Veteran in July 2020. In August 2020, the AOJ issued a supplemental statement of the case continuing its denial of the Veteran's claim because the Veteran had not submitted the completed form. In May 2021, the Veteran submitted a completed VA Form 21-8940. The Veteran's TDIU claim was raised in the context of his initial increased rating claim for posttraumatic stress disorder (PTSD). During the pendency of the appeal, the AOJ increased the initial disability rating for PTSD to 70 percent, effective September 19, 1996. The threshold criteria for a total disability rating under the provisions of 38 C.F.R. § 4.16 (a) are met from that date. The Veteran contends that he has been marginally employed since the 1990s. He contends that he has been unable to work due to his service-connected disabilities, in particular his PTSD and resultant substance abuse. He has not sought employment since 2006. To properly resolve the TDIU claim, the Board requires a clear medical opinion addressing the Veteran's overall employment capability in light of his service-connected disabilities, and as separate from non-service-connected factors. On this subject, the Board has received the Veteran's VA Form 21-8940, Application for Increased Compensation Based on Unemployability, which confirms the Veteran's belief that he has been unable to obtain or maintain gainful employment due to his service-connected disabilities. The Board acknowledges the April 2010 private opinion finding the Veteran unemployable since at least 2006. However, neither the objective evidence of record, nor any treating or examining provider has explicitly shown that the Veteran's service-connected disabilities, in the aggregate, and without the contribution of non-service connected disabilities and factors cause limitations of such severity as to preclude gainful employment prior to 2006. Thus, on remand, a VA examiner must examine the overall record and provide a clear medical opinion addressing the impact of service-connected disabilities on employability, to include when, if ever, the Veteran became unable to secure and maintain gainful employment due only to his service-connected disabilities. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding VA and private treatment records that are not already associated with the claims file. 2. After the preceding development is completed, the AOJ should direct the claims file to a VA general medical examiner for purpose of the Veteran's TDIU Claim. The examiner is requested to review the entire claims file. Then, he or she should describe all functional impairment caused by service-connected disabilities. In providing the requested determination, the examiner must consider and describe the degree of interference with ordinary activities, including capacity for sedentary employment, caused solely by the Veteran's service-connected disabilities, as distinguished from any nonservice-connected physical or mental condition, or advanced age. If the examiner determines the Veteran's service-connected disabilities render him unable to secure and maintain even sedentary employment, he or she is requested to indicate of what approximate date the Veteran became unable to do so. The requested opinion must take into consideration the relevant employment and educational history. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and whether there is additional evidence that would permit the opinion to be provided. 3. After the development requested has been completed, the AOJ should review any examination reports or opinions to ensure that they are in complete compliance with the directives of this REMAND. The AOJ must ensure that the examiner documented consideration of the entire claims file. If any report is deficient in any manner, the AOJ must implement corrective procedures at once. 4. After completing the above, and any other development deemed necessary, readjudicate the appellant's claim based on the entirety of the evidence. If the benefits sought on appeal are not granted to the appellant's satisfaction, he and his representative, if applicable, should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Sherman 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.