Citation Nr: 19159455
Decision Date: 08/01/19	Archive Date: 07/31/19

DOCKET NO. 1901545
DATE: 	August 1, 2019

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had a period of active duty for training with the United States Army from October 2003 to March 2004.  The Veteran had numerous years of subsequent inactive service, followed by active service from January 2010 to February 2011, including service in Afghanistan.  

This matter is before the Board of Veterans’ Appeal (Board) on appeal from a rating decision issued in May 2016 by the Department of Veteran Affairs (VA) Regional Office (RO).  

Entitlement to a TDIU is remanded.

Following a review of the evidence of record, the Board finds that remand is required for further development concerning the Veteran’s claim of entitlement to a TDIU.  

The Veteran’s claim was denied by the RO on the basis that he had not submitted a formal claim for a TDIU (VA Form 21-8940).  After this case was certified to the Board, the Veteran submitted this form to VA.  Given the timing of that submission, the RO has not had the opportunity to perform any necessary development.  A remand is thus required.

Further, on that application, the Veteran indicated that he is participating in VA’s Vocational Rehabilitation and Employment program to earn qualifications and certifications to obtain gainful employment.  Such participation does not preclude a TDIU rating, but records from that program may contain relevant information regarding the claim of entitlement to TDIU, the Veteran’s vocational rehabilitation records should be obtained upon remand.

The matter is REMANDED for the following action:

1. Perform any development required or indicated as a result of the Veteran’s submission of his formal claim for a TDIU. 

2. Associate with the claims file any existing VA vocational rehabilitation records.  All records and/or responses received should be associated with the claims file.

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. R. Higgins, Associate Counsel

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.