Citation Nr: 21063436
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-44 439
DATE: October 14, 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 honorably on active duty from April 1986 to April 2006. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 29, 2021 decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). 

This matter was previously before the Board in March 2021, at which time the Board remanded the claim to the Agency of Original Jurisdiction (AOJ) for further evidentiary development. As discussed in greater detail below, while the Board regrets the additional delay, the Board finds that further development is critical to adjudication. 

1. Entitlement to a TDIU is remanded.

The Veteran contends he is entitled to a TDIU based on his service-connected disabilities. 

The Board finds that further development of pertinent evidence is needed to properly adjudicate that matter of entitlement to a TDIU, as the evidence of record is conflicting regarding the Veteran's employment status during the period for consideration. 

In September 2020, the Veteran submitted a VA 21-4138 (statement in support of claim) indicating that he has been out of work since 2017. Further, on the formal application for TDIU submitted by the Veteran in April 2021, the Veteran noted that he became too disabled to work and last worked full time in December 2017. 

However, the medical evidence of record reflects conflicting statements regarding the Veteran's employment status. A January 2021 VA examination for peripheral nerves conditions contains a note indicating that the Veteran is a "retired" Sheriff's Deputy "but now works at Amazon." Additionally, a March 2021 VA nursing note indicates that the Veteran requested a letter stating that he was clear to return to work following quarantine for an active COVID-19 infection. See March 23, 2021 telephone contact note. 

Based upon the conflicting employment reports in the record, the Veteran's work history remains unclear. The Board finds that an accurate, updated VA Form 21-8940 form is critical to the proper adjudication of his TDIU claim. As such, a remand is necessary to clarify the discrepancies in the Veteran's employment history and to determine whether the Veteran is currently employed. 

The Veteran is advised that a governing regulation (38 C.F.R. § 3.158(a)) provides that where evidence or information sought by VA in connection with a claim for VA benefits is not received within a year following the request, the claim will be considered abandoned. 

The matters are REMANDED for the following action:

Provide the Veteran with VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) and VA Form 21-4192 (Request for Employment Information in Connection with Claim for Disability Benefits) and ask him to complete those forms accurately and completely (accounting for all time during the entire period for consideration), updated to the present, and to submit them. Of specific importance is whether he is currently working, and if that is full time, part time, or otherwise conducted in a protected or sheltered work environment. He should be advised that the information therein is critical to proper adjudication of his TDIU claim. 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. M. Lowman, 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.