Citation Nr: 22019929 Decision Date: 04/03/22 Archive Date: 04/03/22 DOCKET NO. 17-17 530 DATE: April 3, 2022 REMANDED Issue of entitlement to an effective date prior to March 8, 2016, for the grant of a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1966 to January 1972. This appeal to the Board of Veterans' Appeals (Board) arose from an April 2017 rating decision issued by the Department of Veterans Affairs (VA). See March 2018 Notice of Disagreement (NOD); October 2019 Statement of the Case (SOC); December 2019 Substantive Appeal (VA Form 9). In September 2021, the Board remanded the claim for the agency of original jurisdiction (AOJ) to first effectuate the Board's grant of entitlement to an earlier effective for the Veteran's entitlement to service connection for PTSD, and provide a disability evaluation for that period. September 2021 Board Decision. In December 2021, the AOJ effectuated the Board's grant of an October 9, 2011, effective date for the grant of service connection for PTSD with a 30 percent disability rating. December 2021 Rating Decision. The Board notes that the Veteran claim of entitlement to a rating higher than 70 percent for PTSD was denied in the September 2021 Board decision. The issue is, thus, no longer before the Board. The AOJ continued the denial of the Veteran's claim of entitlement to an earlier effective date for his grant of entitlement to a TDIU. January 2022 Supplemental Statement of the Case (SSOC). The claim is now back before the Board. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.800(c). 38 U.S.C. § 7107(a)(2). Entitlement to an effective date prior to March 8, 2016, for the grant of a TDIU is remanded. The Board cannot make a fully informed decision on the issue of entitlement to an effective date prior to March 8, 2016, for the grant of a TDIU. For a claim for an increased rating, the effective date of an award may be the earliest date of which is it factually ascertainable based on all evidence of record that an increase in disability had occurred if a complete claim or intent to file a claim is received within 1 year from such date. See 38 C.F.R. § 3.400(o)(2). Prior to the March 8, 2016, date of claim, the Veteran did not meet the percentage standards for a schedular TDIU. See 38 C.F.R. § 4.16(a); January 2017 Rating Decision. Even when a veteran does not meet the percentage standards for a schedular TDIU, he may be considered for a TDIU on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b). The Board does not have the authority to assign extraschedular TDIU in the first instance. Id. If the Board finds that the evidence supports TDIU on an extraschedular basis, the Board is required to refer the issue to Director of Compensation Service for further consideration. Id. In this case, the evidence supports that the Veteran has not worked since 2005 due to his service-connected PTSD symptoms. See January 2017 VA Form 21-8940. The Board recognizes that the Veteran had made earlier statements that indicate he had no problems with his supervisors, coworkers, or handling stress, and that it is his knee disorder that limits him ability to work. February 2007 SSA Function Report - Adult; March 2007 VA Form 21-4138. However, entitlement to a TDIU since March 8, 2016, is based solely on his PTSD symptoms. April 2017 Rating Decision. The Board, thus, finds that there is a reasonable possibility that the Veteran is unemployable due to his service-connected PTSD. The Board finds that a referral to the Director of Compensation Service is needed for extraschedular TDIU consideration. The matters are REMANDED for the following action: Forward this case to the Director, Compensation Service for consideration of the assignment of a TDIU due to his PTSD on an extra-schedular basis pursuant to the provisions of 38 C.F.R. § 4.16(b). In connection with the referral, the Regional Office / Appeals Management Center should include a full statement outlining the Veteran's service-connected disabilities, employment history, educational attainment, and all other factors having a bearing on the issue during the applicable timeframe. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Lin 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.