Citation Nr: 20044540 Decision Date: 07/02/20 Archive Date: 07/02/20 DOCKET NO. 14-20 631A DATE: July 2, 2020 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 2001 to February 2004. The matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision issued by the Agency of Original Jurisdiction (AOJ). The Board remanded this claim in May 2018 to await adjudication of inextricably intertwined claims and to afford the AOJ the opportunity to review evidence relevant to the claim in the first instance. The claim is now returned to the Board for appellate review. Entitlement to a TDIU is remanded. The Veteran contends that he is entitled to a TDIU. The Board acknowledges the AOJ requested a VA Form 21-8940 from the Veteran in January 2019 and November 2019. However, in June 2020, the Veteran’s representative submitted an Informal Hearing Presentation (IHP) seeking remand of the Veteran’s claim for submission of a more current VA Form 21-8940. The Board grants this request. However, the Veteran is hereby notified that the duty to assist is a two-way street. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). If the 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 relevant evidence. Wood v. Derwinski, supra. The Board finds it cannot make a fully informed decision regarding the Veteran’s claim of entitlement to a TDIU because the Veteran’s current employment status is unclear. Specifically, the Veteran last submitted a VA Form 21-8940 in November 2011. In July 2017, VA received a letter from the custodian of the Veteran’s children, who indicated the Veteran is working full-time as a truck driver at an auto store and earns additional money playing in a band. Although further delay is regrettable, the Board finds that a remand is necessary in this case to ensure that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2018). The matters are REMANDED for the following action: 1. Ask the Veteran to complete and submit a VA Form 21-8940 (Application for Increased Compensation Based on Unemployability). 2. Give the Veteran an opportunity to identify any outstanding pertinent treatment records, VA or private, that have not already been associated with the claims file that are relevant to the issue of entitlement to a TDIU. The AOJ should then attempt to obtain those records if the appellant provides the appropriate authorization. 3. After completing the above action, and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraphs above, the claim must be readjudicated. If the claims remain denied, a supplemental statement of the case must be provided to the Veteran and his representative. The Veteran and his representative must be given an adequate opportunity to respond. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Sherman 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.