Citation Nr: 21064551
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 14-28 596
DATE: October 20, 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 U.S. Army from August 2003 to July 2004 and from January 2008 to January 2009. 

In April 2021, the Board of Veterans' Appeals (Board) remanded the matter on appeal for additional evidentiary development. Unfortunately, another remand is required in this case. Although the Board sincerely regrets the delay, it is necessary to ensure that the Veteran is afforded every possible consideration. 

Entitlement to a TDIU is remanded.

The Board notes that it remains unclear whether the Veteran is currently employed, as the claims file contains conflicting evidence regarding the Veteran's employment status. Therefore, another attempt to obtain complete employment information from the Veteran should be made.

Additionally, since the issuance of the Supplemental Statement of the Case (SSOC) in August 2021, additional VA-generated evidence has been added to the claims file, including a September 2021 VA examination concerning the Veteran's service-connected right lateral collateral ligament sprain and resultant, current functional limitations. As consideration of a TDIU necessitates consideration of the functional limitations caused by the Veteran's service-connected disabilities, the Board finds that the September 2021 VA examination report is relevant to the Veteran's claim. The Veteran has not submitted a waiver of consideration of this evidence by the Agency of Original Jurisdiction (AOJ). Accordingly, as the Veteran's claim is already being remanded, an SSOC must also be issued that considers the additional VA-generated evidence.

The matter is REMANDED for the following action:

1. Make a final attempt to obtain complete employment and education history concerning the Veteran's TDIU claim, including complete salary and tax records, and any other development necessary to determine whether any part of the Veteran's employment history was marginal or in a protected environment. Ensure that he is made aware that the failure to submit the requested information at this juncture may negatively impact his claim for benefits pursuant to 38 U.S.C. § 5107 (a) ("[A] claimant has the responsibility to present and support a claim for benefits....").

2. Following due consideration of any evidence received in response to the above inquiry, as well as consideration of the evidence of record since the issuance of the August 2021 SSOC, the AOJ must readjudicate the claim on appeal.   

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Bush

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.