Citation Nr: 25001072
Decision Date: 01/27/25	Archive Date: 01/27/25

DOCKET NO. 19-12 420
DATE: January 27, 2025

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to March 18, 2019.

REASONS FOR REMAND

The Veteran served on active duty from November 1965 to August 1967. He is the recipient of The Purple Heart and has been 100 percent disabled based on unemployability since March 2019. 

Most recently, the Board remanded the claim in an April 2024 decision to obtain an assessment of the impact of the Veteran's service-connected disabilities on employability prior to March 18, 2019; however, the VA opinions that were obtained are inadequate as they do not address the question at hand. 

Specifically, the VA examiners conducted VA examinations in June 2024 and July 2024 and provided an opinion on the current severity of disabilities and the Veteran's employability. There is no need for an opinion regarding the current severity of service-connected disabilities or their current impact on employability as the Veteran is already in receipt of a TDIU. 

Rather, a medical opinion is required which assesses the Veteran's employability considering service-connected disabilities only prior to March 18, 2019. For this reason, the appeal is again remanded. 

The matter is REMANDED for the following action:

Direct the claims file to a clinician to evaluate the functional impact of all service-connected disabilities on the Veteran's employability (the ability to obtain or maintain substantially gainful employment) for the period prior to March 18, 2019. 

A medical, educational, and employment history should be taken into consideration. The Veteran's age and the effects of nonservice-connected disabilities cannot be factors for consideration in making the determination. 

A rationale for all opinions and a discussion of the facts and medical principles involved should be provided. 

If the clinician considering the question cannot provide an assessment for any reason, the clinician must provide a formal explanation as to why this is so. 

A clinical examination need not be scheduled. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kokolas, Thomas

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.