Citation Nr: 18140070 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-15 375A DATE: October 2, 2018 REMANDED An effective date earlier than March 9, 2011 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from February 1964 to January 1966. This matter came before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision, which, in pertinent part, granted TDIU, effective March 9, 2011. This case was previously before the Board in June 2018, where the Board, in pertinent part, granted an effective date of December 27, 1983 for service connection for anxiety disorder, and remanded the issue of entitlement to an earlier effective date for TDIU as the issue was inextricably intertwined with implementing the grant of an effective date of December 27, 1983 for service connection for anxiety disorder and the assignment of an initial disability rating for the acquired psychiatric disorder. The matter has been properly returned to the Board for appellate consideration; therefore, the June 2018 Board remand has been complied with, so an additional remand to comply with the June 2018 directives is not required. See Stegall v. West, 11 Vet. App. 268 (1998). TDIU The representative has argued that an earlier effective date than March 9, 2011 is warranted for a TDIU. An August 2018 statement reflects the representative advanced that the Veteran should be granted an earlier effective date from March 17, 2010 because, from March 2010, the service-connected disabilities resulted from a common etiology. The representative also wrote that the Veteran should be granted an earlier effective date from December 27, 1983, the date of service connection for anxiety disorder. A May 2017 private opinion reflects the private rehabilitation counselor indicated that the “service-connected disabilities have rendered [the Veteran] unable to secure and follow substantially gainful employment, to include sedentary employment since at least 1973.” The Board notes that the Veteran was not service connected for any disability in 1973, and that service connection for any disability (anxiety disorder) first became effective on December 27, 1983. Because the threshold percentage requirements for the award of a TDIU under the provisions of 38 C.F.R. § 4.16(a) are not met at any time during the TDIU rating period on appeal prior to March 9, 2011, the issue of entitlement to a TDIU prior to March 9, 2011 should be remanded for referral to the VA Director of the Compensation Service for adjudication of TDIU eligibility in accordance with 38 C.F.R. § 4.16(b). See Bowling v. Principi, 15 Vet. App. 1, 10 (2001) (where a claimant does not meet the schedular requirement of 4.16(a), the Board has no authority to assign a TDIU rating under 4.16(b) and may only refer the claim to the Compensation and Pension Director for consideration). In addition to referral to the VA Director of the Compensation Service, further development is necessary to decide the TDIU issue. Specifically, the Veteran has not submitted an Application for Increased Compensation Based on Unemployability via a VA Form 21-8940. As such, the Board finds it necessary for the Veteran to provide a complete and accurate VA Form 21-8940 detailing the complete work and education history, income earned, to include highest gross earnings per month, and any other information regarding employment or attempts to obtain employment since December 1983. The Veteran is requested to complete and return a TDIU claim form (VA Form 21-8940). Where evidence is requested in connection with a claim for increase, and such evidence is not furnished within one year after the date of the request, the claim will be considered abandoned, and no action will be taken after the expiration of one year unless a new claim is received. 38 C.F.R. § 3.158(a). As the Board will refer the issue of TDIU to the VA Director of the Compensation Service, the Veteran will have an opportunity to submit the requested TDIU claim form and all the specific information requested therein, to include complete work and education history, income earned, to include highest gross earnings per month, and any other information regarding employment or attempts to obtain employment since December 1983. In the event that the TDIU claim form is not fully completed and returned, the question of abandonment of the TDIU issue will be adjudicated. See 38 C.F.R. § 3.158. The matter is REMANDED for the following action: 1. Request that the Veteran file an Application for Increased Compensation Based on Unemployability (VA Form 21-8940) detailing his complete and accurate work history and income information, including self-employment and any other information regarding full-time or part-time employment or attempts to obtain employment since December 1983. The Veteran is advised to complete the entire form. The Veteran is notified that failure to complete and return the requested TDIU claim form will result in abandonment of the claim per 38 C.F.R. § 3.158. 2. Refer the case to the VA Director of the Compensation Service for adjudication of a TDIU under 38 C.F.R. § 4.16(b). 3. Readjudicate the issue on appeal. Thereafter, return the case to the Board for further appellate consideration, if in order. J. PARKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Tenney, Associate Counsel