Citation Nr: 21002307 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 09-24 945 DATE: January 13, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from June 1969 to March 1973 and in the United States Air Force from September 1982 to January 1983 and in the United States Army from May 2005 to January 2007. He was awarded the Combat Infantry Badge. The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge in October 2010. In January 2011 and February 2013, the Board remanded this issue because the issue of entitlement to a TDIU was inextricably intertwined with the other claims being adjudicated. See Harris v. Derwinski, 1 Vet. App. 180 (1991). In April 2020, the Board again remanded this issue for additional development, to include for the RO to contact the Veteran and request that he complete and return a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. Entitlement to a TDIU is remanded. As the Board previously noted, this case was previously remanded in April 2020, partly to request that the Veteran complete a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability. The Veteran did not complete and return a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, as requested by the RO in July 2020. Because VA last asked the Veteran to complete and submit the VA Form 21-8940 less than a year ago and the record suggests he may not be working due to his PTSD, the Board will give the Veteran one more opportunity to provide the information requested on such form. The AOJ should provide Veteran with an additional opportunity to complete this form. The Veteran should be advised that absent a competed VA Form 21-8940, entitlement to TDIU may be denied if one is not submitted following this remand. See Jernigan v. Shinseki, 25 Vet. App. 220, 229-30. (2012). The matters are REMANDED for the following action: 1. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge of the nature, extent, and severity of his service-connected disabilities and their impact on his ability to work. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 2. Request again that the Veteran provide a completed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. (Continued on the next page)   Notify the Veteran that the failure to complete and submit this form may lead to the denial of this benefit. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jacquelynn M. Jordan, 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.