Citation Nr: 21066986
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 20-09 506
DATE: November 3, 2021

REMANDED

A total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1957 to March 1959. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision. The Board previously remanded the claims in May 2021 to obtain a completed VA Form 21-8940. The Board finds that there has not been substantial compliance with the remand directives. Stegall v. West, 11 Vet. App. 268 (1998).

The Veteran did not complete and return a VA Form 21-8940 as requested by the RO in May 2021. Because VA last asked the Veteran to complete and submit VA Form 21-8940 less than one year ago and the record suggests, as argued by the Veteran's representative, that the Veteran has not had ample time to complete the form as requested. Specifically, the Veteran's representative has requested that the Board keep this claim open in order for the Veteran to submit the requested form. As such, the Board will give the Veteran one more opportunity to provide the information requested on such form.

On remand, the RO should provide Veteran with an additional opportunity to complete this form. The Veteran should be advised that absent a completed 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 matter is REMANDED for the following action:

Give the Veteran another opportunity to provide his work history and submit an updated VA Form 21-8940 (Application for Increased Compensation Based on Unemployability) in addition to any additional evidence that is relevant regarding his claim for TDIU.

Notify the Veteran that the failure to complete and submit this form may lead to the denial of this benefit.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.