Citation Nr: 18142900
Decision Date: 10/17/18	Archive Date: 10/17/18

DOCKET NO. 15-18 053
DATE:	October 17, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
REASONS FOR REMAND
The Veteran had active duty service from September 2000 to December 2003.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied entitlement to a TDIU.  
The Veteran testified before the undersigned Veterans Law Judge (VLJ) in February 2018.  A copy of the transcript has been reviewed and associated with the claims file.   
Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
The Veteran meets the schedular requirements for a TDIU for the period from April 30, 2012, to the present.  However, the question remains whether and when he engaged in substantially gainful employment throughout the rating period on appeal.  In this regard, the Veteran submitted a VA Form 21-8940 in September 2013 and indicated that he was working full-time, 40 hours per week, for a cellular company and earned $1,700 per month, which is above the poverty threshold established by the U.S. Department of Commerce, Bureau of the Census.  See 38 C.F.R. § 4.16(a).  However, he testified at the hearing in February 2018 and stated that he worked an average of 20 hours per week and was unable to work 40 hours per week.  
Furthermore, the Veteran submitted his approval under the Family and Medical Leave Act (FMLA) for two days off per month from October 2017 through April 2018.  In addition, his employer submitted timesheets for the various intermittent absences from work from 2014 through 2018.  
Based on the evidence of record, the Board is unable to determine if and when the Veteran’s income was below the poverty threshold set forth by the Bureau of the Census and would be deemed marginal employment pursuant to 38 C.F.R. § 4.16(a).  Given the discrepancy of information regarding the Veteran’s full-time employment status and wage earnings, the Board finds that the Veteran’s claim for a TDIU should be remanded for additional evidentiary development, including obtaining the Veteran’s wage earnings from 2013 to the present.  
The matter is REMANDED for the following action:
Provide the Veteran with the VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, and instruct him to complete this form with regard to his employment for the period from 2013 to the present.  In addition, request that the Veteran submit evidence which details his wage earnings during this appeal, to include copies of his social security statement of earnings, W2 Forms, tax returns, etc.  
 
ERIC S. LEBOFF
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Hurley, Associate Counsel