Citation Nr: 20039930 Decision Date: 06/11/20 Archive Date: 06/11/20 DOCKET NO. 14-23 480 DATE: June 11, 2020 REMANDED Entitlement to a total disability evaluation for compensation based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1990 to January 1991; December 2003 to January 2005; and from February 2005 to May 2009. In February 2018, the Veteran provided testimony in a Travel Board hearing before the undersigned Veterans Law Judge at the Regional Office (RO) in Jackson, Mississippi. A copy of the hearing transcript is associated with the claims file. In July 2018, the Board denied the Veteran’s claim for a TDIU rating. The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court). In November 2019, the Court issued a Memorandum Decision that vacated the July 2018 Board decision and remanded the matter for readjudication. The Court found that the Board erred when it failed to provide an adequate statement of reasons or bases for its decision when it failed to define “sedentary work” and when it failed consider how the Veteran’s employment history and physical and mental abilities allow him to perform substantially gainful employment.   Entitlement to a TDIU due to service-connected disabilities is remanded. The Board finds that remand is warranted to fully assist the Veteran with the development of his claim. Since the February 2018 Travel Board hearing and July 2018 Board decision, the Veteran has appointed a new representative for his claim on appeal. In September 2018 correspondence, the Veteran’s representative informed VA that she and the Veteran would like to request an informal teleconference with the Decision Review Officer (DRO) and DRO review. Under applicable regulation, a claimant is entitled to a local hearing at any time on any issue involved in a claim. 38 C.F.R. § 3.103(c). As the informal teleconference with the DRO has not been scheduled, a remand is warranted to schedule the Veteran for an informal teleconference before a DRO. The matters are REMANDED for the following action: 1. Schedule the Veteran for his requested informal conference before a Decision Review Officer (DRO) in accordance with applicable laws and regulations. A copy of the notification sent to the Veteran and his representative of the scheduled conference should be associated with the claims file. (Continued on the next page)   If the Veteran no longer desires a DRO hearing, a signed writing to that effect should be associated with the claims file. 2. The AOJ should take any additional development as deemed necessary and readjudicate the claim on appeal. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Cheng, 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.