Citation Nr: 21003360
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 14-20 100
DATE: January 21, 2021

REMANDED

Entitlement to a total disability rating based upon individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1982 to May 1986 and from March 1987 to May 1991.

This matter returns to the Board of Veteran’s Appeals (Board) from a May 2019 Board remand. In the May 2019 Decision, the Board took jurisdiction of a claim for total disability rating based on individual unemployability (TDIU) under Rice v. Shinseki, 22 Vet. App. 447 (2009) (holding that a TDIU claim is part and parcel of an increased rating claim when raised by the record). Further development was necessary in order for the Board to adjudicate the Veteran’s claim, resulting in the May 2019 Remand.

1. Entitlement to a total disability rating based upon individual unemployability

The Veteran contends that he is unable to work due to his service-connected bilateral carpal tunnel syndrome. See May 2011 VA Form 21-0820 Report of General Information (Report made during phone call with the regional office (RO)). The Board identified this claim and remanded it for appropriate development in its May 2019 decision. However, this development was not completed. Specifically, the RO was instructed to schedule a TDIU examination. An examination was not requested or conducted. Therefore, the Board finds there was not substantial compliance with the May 2019 remand instructions. 

The Board notes that while the RO did send the Veteran notice and documentation necessary for his TDIU claim, the Veteran did not return this documentation. If the Veteran no longer wishes to pursue his claim for TDIU, he may submit notice to withdraw his claim. Instructions on how to accomplish this are attached.

The matters are REMANDED for the following action:

1. Resend and request the Veteran to return to the RO a formal application for TDIU, VA Form 21-8940 and attending releases, including but not limited to VA Form 21-4142a General Release for Medical Provider Information to the Department of Veterans Affairs, and VA Form 21-4142 Authorization for Disclosure of Information to the Department of Veterans Affairs, etc.

2. Schedule the Veteran for an examination to address the functional effects that the Veteran’s service-connected disabilities have on his ability to secure or follow a substantially gainful occupation.  When addressing the functional effects, the examiner should consider the Veteran’s occupational and educational history, but must not consider the Veteran’s age or any non-service connected disabilities.

Signature on the next page

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Boushehri, Darjush M.

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.