09-13 260, 09-13 260

Veteran served on active duty Sep 1980–Sep 1983 and is service‑connected for right orchiectomy with prosthesis, hepatitis C, cirrhosis, and a lower right quadrant scar (combined rating 30%).
Claim on appeal: entitlement to TDIU (total disability rating based on individual unemployability) due to service‑connected disabilities.
Procedural history: initial RO rating decision (July 2008) appealed; multiple Board remands (Aug 2012, Jan 2014, Nov 2014, Jun 2015) for development; Board hearing in Jul 2014; Board denied in Dec 2015 in part; Veteran appealed to Court.
Court and parties filed an October 2016 Joint Motion for Remand (JMR) which vacated part of the Board’s Dec 2015 decision and instructed remand for further development regarding extraschedular consideration under 38 C.F.R. § 4.16(b).
Board remanded for updated VA examination addressing employability (including consideration of fatigue from hearing testimony), collection of recent treatment records/releases, explicit consideration of extraschedular TDIU referral, and issuance of a Supplemental Statement of the Case if denial remains.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the claim for TDIU requires referral for extraschedular consideration under 38 C.F.R. § 4.16(b) and updated development	Veteran argues his service‑connected disabilities (notably fatigue) render him unable to secure/follow substantially gainful employment	VA/RO previously denied TDIU based on existing record; Board’s prior decision lacked adequate analysis on extraschedular referral and needed updated development	Remanded: AOJ must obtain updated records/exam assessing work impairment, consider extraschedular referral, and issue SSOC if still denied

Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance principle requiring VA to follow Board remand directives)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (permitting submission of additional evidence after remand and requiring notice of right to submit evidence)