Citation Nr: 20068898 Decision Date: 10/23/20 Archive Date: 10/23/20 DOCKET NO. 09-46 034 DATE: October 23, 2020 REMANDED Entitlement to an extraschedular rating for a convulsive disorder in excess of 10 percent disabling prior to March 20, 2013, 40 percent disabling from March 20, 2013 to April 30, 2014, and 20 percent disabling thereafter is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from February 1981 to January 1985 and from August 1987 to September1992. These matters are before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2010, the Veteran testified at a Travel Board hearing before a Veterans Law Judge (VLJ). The VLJ who conducted August 2010 hearing is no longer employed at the Board. Accordingly, in March 2018, he testified at a video conference hearing before the undersigned VLJ. Transcripts of both hearings are of record. Regarding the Veteran’s convulsive disorder appeal, an April 2016 Board decision denied a schedular rating in excess of 10 percent prior March 20, 2013 and in excess of 40 percent from March 20, 2013 to April 28, 2014. The Veteran did not appeal this decision and the denial of his schedular rating is final. Accordingly, his current appeal is limited to the issue of entitlement to an increased on an extraschedular basis. These matters were last before the Board in September 2018, when they were remanded for additional development. 1. Entitlement to an extraschedular rating for a convulsive disorder in excess of 10 percent disabling prior to March 20, 2013, 40 percent disabling from March 20, 2013 to April 30, 2014, and 20 percent disabling thereafter is remanded. 2. Entitlement to a TDIU is remanded. The evidence indicates there may be outstanding relevant VA treatment records. VA treatment records from December 12, 2019 and March 12, 2020 indicate that the Veteran was to return for follow up appointments in April 2020 and June 2020. VA treatment records subsequent to March 16, 2020 have not been associated with the claims file. A remand to obtain the outstanding records is required. Finally, while the Veteran provided some tax information for his business, he did not provide information for the entire period on appeal. While he reported being self-employed from May 2019 to present on his May 2019 VA Form 21-8940, he only provided state sales tax information for his business for December 2015 and December 2016. As the Board must remand the claim for other development, on remand the Veteran should be afforded another opportunity to provide financial information, such as income tax return forms that include his net and gross profits, for the other periods of self-employment. The Veteran is advised that the failure to provide the above requested information could negatively affect his claim. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (“The duty to assist is not always a one-way street. If a veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence.”). The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records dated since March 16, 2020. If any requested records are unavailable, the Veteran should be notified of such. 2. Ask the Veteran to provide financial information, such as his income tax return forms, that include his net and gross profits, from May 2010 to present. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Anderson 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.