Citation Nr: 22013541 Decision Date: 03/09/22 Archive Date: 03/09/22 DOCKET NO. 14-08 807 DATE: March 9, 2022 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND Entitlement to TDIU is remanded. The Veteran asserts that he is entitled to TDIU because service-connected anxiety disability and ischemic heart disease prevent him from obtaining gainful employment. The Veteran has established service connection for anxiety disorder, rated 70 percent; ischemic heart disease, rated 60 percent; tinnitus, rated 10 percent; and bilateral hearing loss, rated 0 percent. The combined service-connected disability rating is 90 percent for the period on appeal. Thus, the threshold requirement of percentage service-connected disability rating for consideration of the assignment of TDIU are met. 38 C.F.R. § 4.16(a). In a July 2011 VA examination, an examiner opined that the Veteran's ischemic heart disease did impact the ability to work. More specifically, it was stated that the Veteran worked in retail sales and hand tools full time and experienced difficulty with lifting. In an August 2013 statement, the Veteran asserted that the service-connected disabilities had severely impacted the ability to work and that his business would officially close in October 2013. On the June 2014 VA Form 21-8940, the Veteran indicated that he last worked as a self-employed retail salesman in October 2013, and his highest level of education included two years of college. He also noted that "income in 2014 was from sale of receivables too new or replacement distributor." The Veteran contended that he was unable to work due to heart disease, sleep apnea, posttraumatic stress disorder, and anxiety disorder. In a July 2014 VA mental disorders examination, the Veteran asserted that anxiety alone did not prevent gainful employment, but that the combination of anxiety with physical problems cause unemployment. The examiner opined that "unemployability is less than likely due to the Veteran's anxiety disorder. He says he functioned well in self-employment for 25 years before his health issues dictated that he could not withstand the physical exertion of his line of work." In a July 2014 VA cardiovascular examination, the examiner noted that the Veteran willfully decided to retire from his sales job in 2013 and he had decided not to seek work. Following a complete review of the Veteran's claims folder, and thorough physical evaluation, the examiner concluded that there were no physical limitations due to the service-connected ischemic heart disease condition that would affect the Veteran's ability to obtain and maintain substantially gainful employment. The Veteran has consistently asserted that the service-connected disabilities have impacted the ability to obtain gainful employment. The evidence of record shows that the Veteran was last assessed in 2014. The Board is unable to determine the complete nature and severity of his service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment. It is unknown what limitations are currently caused by the service-connected disabilities. There have been no VA examinations since the Veteran applied for TDIU in 2014. The Board finds that remand is necessary to determine the severity of the service-connected disabilities, so that the Board can assess their impact on the ability to work. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination of the service-connected disabilities to determine their effects on employability. The examiner must review the entire record, including this Remand, in conjunction with the examination and note in the report that the review was conducted. The examiner should provide a full description of the service-connected disabilities and report all associated signs and symptoms associated with the service-connected disabilities. Specifically, the examiner should describe the functional limitations caused by the service-connected disabilities and any ways in which they would limit employment. The examiner should discuss the limitations caused by the service-connected disabilities individually, and in combination. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran is unable to secure or follow a substantially gainful occupation due to the combined effected of the service-connected disabilities. If the Veteran is felt capable of work despite the service-connected disabilities, the examiner should state what type of work and what accommodations would be necessary due to the service-connected disabilities. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Cross, 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.