Citation Nr: 22018948
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 17-27 573
DATE: March 30, 2022

REMANDED

A total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1999 to December 2003.

This case comes before the Board of Veterans' Appeals (Board) from a February 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In November 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. 

During his hearing, the Veteran testified that he was terminated from his jobs because he was having trouble with people and could not handle people. He also testified that he struggled in school because he did not want to be around people, and he could not remember things in class. The critical question is whether the Veteran is unable to secure or follow a substantially gainful occupation solely as a result of his service-connected disabilities. The Board finds that an examination is warranted.  Friscia v. Brown, 7 Vet. App. 294 (1995) (VA has a duty to supplement the record by obtaining an examination that includes an opinion as to the effect of the veteran's service-connected disabilities on his ability to secure or follow a substantially gainful occupation).

The matter is REMANDED for the following action:

Schedule the Veteran for an examination(s) to assess the functional limitations caused by his service-connected disabilities. The Veteran is service-connected for the following disabilities: (i) posttraumatic stress disorder (20 percent disabling); (ii) left knee patellofemoral syndrome (10 percent disabling); (iii) traumatic brain injury (10 percent disabling); (iv) tinnitus (10 percent disabling); (v) right hand boxer fracture ((0 percent disabling); and (vi) migraine headaches (0 percent disabling). 

The examiner should describe the functional limitation caused by the service connected disabilities, and to the extent possible should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran is unable to secure and/or follow a substantially gainful employment due to his service connected disabilities. The examiner(s) should offer this opinion without regard to any impairment caused by nonservice connected disabilities.

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hemphill, Athena

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.