Citation Nr: 18141268
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 11-26 609
DATE:	October 10, 2018
REMANDED
A total disability rating based on individual unemployability (TDIU) due to service connected disabilities is remanded.
REASONS FOR REMAND
The Veteran contends that his service connected disabilities—specifically his bilateral knee disability, bilateral upper extremity radiculopathy, and cervical spine disability—have rendered him unable to maintain substantially gainful employment.  
The Board of Veterans’ Appeals (Board) remanded the issue of entitlement to a TDIU in February 2017 so that the Agency of Original Jurisdiction (AOJ) could obtain an opinion regarding the combined impact of the Veteran’s service-connected disabilities on his ability to secure and follow a substantially gainful occupation.  Such was scheduled, and at a June 2017 VA assessment, the Veteran reported that he was employed full-time, doing maintenance type labor, working for a nine-hour period on most days.  The Veteran reported he only takes jobs that do not require much bending or work on the knees, and that he has had to illicit the help of others to accomplish duties that were too physically demanding to accomplish on his own.  Additionally, the Veteran stated his current employer makes accommodations as best as possible to exclude the Veteran from performing tasks his body cannot tolerate.  Pertinently however, neither the Veteran nor the VA assessor went into any further detail as to the nature and extent of his work accommodations.  
The Board finds that further development is necessary to discern whether the Veteran’s employment activity constitutes marginal employment.  The Board observes that the Veteran has not yet responded to the AOJ’s previous requests for the Veteran to complete and return the VA Form 21-8940, Veterans Application for Increased Benefits Based on Unemployability.  On remand, the AOJ should request the Veteran provide any information regarding his income since June 2010, the number of hours worked, the type of work performed, and the amount of time lost due to his service connected disabilities.   In addition, a statement from the Veteran’s current employer should be solicited, so that the extent of any accomodation or concession can be described in more detail.  
The matters are REMANDED for the following action:
1. Provide the Veteran with, and ask that he complete and return, a VA Form 21-8940, Veterans Application for Increased Benefits Based on Unemployability.  He should be advised to provide his employment and financial information, including any information regarding his income and hours worked, from 2010 to the present. 
Additionally, with any assistance needed from the Veteran, obtain a VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits, from the Veteran’s current employer.  The Veteran’s employer should be advised to specify the Veteran’s duties, and any specific accommodations or concessions made to the Veteran by reason of his physical disabilities.  
2. Readjudicate the issue on appeal.  If the benefit sought on appeal is not granted, the Veteran and his representative should be provided with a Supplemental Statement of the Case and afforded the appropriate opportunity to respond.  If otherwise in order, the case should be returned to the Board for further appellate consideration.  

 
V. Chiappetta
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Mask, Associate Counsel