Citation Nr: 22018679 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 14-33 224 DATE: March 30, 2022 REMANDED Entitlement to a rating in excess of 20 percent for residuals of a right ankle fracture on an extraschedular basis is 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 in the United States Navy from March 1971 to February 1975. These matters are before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board most recently remanded these claims in February 2021 for additional evidentiary development. For the reasons set forth below, the Board finds that the requested development has not been completed; thus, the appeal must be remanded once again for compliance. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to a rating in excess of 20 percent for a residuals of a right ankle fracture on an extraschedular basis is remanded. In the February 2021 remand, the Board directed the RO to refer the Veteran's increased rating claim to the Director of Compensation Service for consideration of the assignment of an extraschedular evaluation pursuant to 38 C.F.R. § 3.321(b). The Board notes that this was the second such request for an advisory opinion. See July 2019 Board Decision. Review of the record shows that the RO referred the claim to the Director of Compensation Service and requested review for an increased rating in excess of 20 percent for residuals of a right ankle fracture on an extraschedular basis. See July 19, 2021 VA Memorandum. In December 2021, the Director of Compensation Service provided an advisory opinion; however, the opinion only addressed entitlement to extraschedular consideration under 38 C.F.R. § 4.16(b) as it pertains to the Veteran's claim for entitlement to a TDIU. The Director did not provide an advisory opinion addressing the Veteran's claim for an increased rating on an extraschedular basis for the right ankle disability. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand directives, and the Board has a duty to ensure such compliance. Stegall, 11 Vet. App. at 271. Because the RO did not obtain an advisory opinion from the Director of Compensation Service in accordance with the Board's prior remand directives, the Veteran's claim must be remanded once again for compliance. Id. 2. Entitlement to a TDIU is remanded. The claim for entitlement to a TDIU has been raised by the record pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009) and is within the jurisdiction of the Board. However, because a decision on the remanded issue of entitlement to increased rating for residuals of a right ankle fracture could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined and must be decided together. As such, remand of the TDIU claim is required as well. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a decision cannot be rendered unless both issues have been considered). Accordingly, the matters are REMANDED for the following action: Refer the issue of entitlement to an increased rating for residuals of a right ankle fracture to the Director of Compensation Service for extraschedular consideration pursuant to 38 C.F.R. § 3.321(b). Afterwards, the claim for a TDIU should also be readjudicated. J. NICHOLS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Melissa Barbee, 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.