Citation Nr: 21064884
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 14-11 139
DATE: October 21, 2021

REMANDED

Entitlement to a total disability rating for individual unemployability (TDIU) for the period prior to March 24, 2011 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1996 to June 2000.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

A Board hearing was held before the undersigned in May 2017. A transcript of the hearing is of record. 

This matter was previously before the Board in March 2018 when it was remanded for further development. In an August 2019 decision, the Board granted TDIU effective August 12, 2018 and remanded the claim for TDIU for the period prior to August 12, 2018 for further development. In March 2021, the Board granted TDIU effective March 24, 2011 and remanded the claim for TDIU for the period prior to March 24, 2011 for extraschedular consideration. 

 

Entitlement to TDIU for the period prior to March 24, 2011 is remanded.

Although the additional delay is regrettable, the Board finds an additional remand is required before a decision can be made on the Veteran's claim. 

On an October 2012 VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, the Veteran indicated that he had last worked for Wackenhut Services, Inc. as a Fire Chief from May 2009 to November 2009, when he became too disabled to work. However, in August 2019 correspondence, the Veteran's attorney reported that the Veteran was unemployed beginning in March 2010. Thus, it is unclear when the Veteran last worked during the period on appeal and the Veteran should be requested to provide further information in this regard. Furthermore, the record does not reflect that Wackenhut Services, Inc. has been provided with an opportunity to submit VA Form 21-4192, Request Employment Information in Connection with Claim for Disability Benefits. As this form would help to clarify information pertinent to determining whether the Veteran is entitled to TDIU for the period prior to March 24, 2011, remand is necessary to attempt to obtain this information.

The matters are REMANDED for the following action:

1. Take any necessary action to obtain a VA Form 21-4192 from the Veteran's former employer Wackenhut Services, Inc.

2. Ask the Veteran to clarify his employment history during the period prior to March 24, 2011, to include whether he had any employment after November 2009, when he reported his employment with Wackenhut Services, Inc. ended.

 

3. After completing the development requested in item 1, readjudicate the claim seeking entitlement to TDIU prior to March 24, 2011. 

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Jiggetts

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.