Citation Nr: 21068055 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 10-38 202 DATE: November 9, 2021 REMANDED A total disability rating based on individual employability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from December 1987 to December 1993, including foreign service. For his meritorious service, the Veteran was awarded (among other decorations) the Southwest Asia Service Medal and the Kuwait Liberation Medal. The Veteran died in July 2014. The appellant has been recognized as a properly substituted claimant. See 38 U.S.C. § 5121A; see also October 2016 administrative decision. During the pendency of this appeal, the Veteran offered testimony during a May 2013 videoconference hearing, and the appellant testified during a July 2015 videoconference hearing. Transcripts of both proceedings are associated with the record. In May 2017, the appellant was advised that the Veterans Law Judge (VLJ) who presided over the 2013 hearing was no longer with the Board, and offered a new hearing before a different VLJ. The appellant did not select a new hearing at any time. However, the VLJ who presided over the July 2015 hearing is also no longer with the Board, and the appellant has not been specifically advised of this fact. Regardless, the Board takes note that the appellant did not select a new hearing following her 2017 notification letter, nor did she subsequently make such a request. Rather, the Board has previously addressed this appeal in August 2018, August 2020, and May 2021, providing the appellant with ample opportunity to request a new hearing, should she so desire. Accordingly, the Board does not find that there is a pending hearing request at this time. 38 U.S.C. § 7107(c); 38 C.F.R. § 20.707. However, the appellant is hereby advised of her right to request a new hearing following the issuance of this remand and prior to a final determination by the Board. Additionally, the appellant was previously represented in this appeal by attorney J.P. See August 2018 VA Form 21-22a. In May 2021, she was informed that J.P. was no longer accredited to represent claimants before VA. 38 C.F.R. § 14.629. The appellant was also instructed of her right to appoint a new representative, but has not done so to date. Accordingly, she now proceeds in this appeal pro se. Notably, the May 2021 letter was sent to the appellant's known address at that time and there is no evidence this letter was returned as undeliverable; however, there has been significant confusion regarding her subsequent location. See Hyson v. Brown, 5 Vet. App. 262, 265 (1993) (holding that "[i]n the normal course of events, it is the burden of the veteran to keep VA apprised of his whereabouts"). On remand, efforts must be made to confirm her current address. At this time, the appellant is also re-advised of her right to appoint a new representative in this appeal. As noted above, this appeal was most recently remanded by the Board in May 2021 for further development, which has since been completed. See Stegall v. West, 11 Vet. App. 268, 271 (1998). At that time, the Board instructed that income verification matching was required from 2008 to 2014. This data is imperative to the adjudication of this appeal, as the claims file suggests that the Veteran was sporadically employed during his lifetime, and potentially through his death, though it is not clear to what extent. See, e.g.,death certificate (listing the Veteran's usual occupation as a "small business owner"). A personal report on the Veteran was associated with the claims file in May 2021, which suggests that he either owned or was employed by multiple business during his lifetime. Regrettably, this report does not provide specific information as to the duration of the Veteran's purported employment with these companies, or his related income. Such data is central to the adjudication of a TDIU appeal, such that remand for clarification on these points is required. The matter is REMANDED for the following actions: 1. Provide the appellant with VA Form 21-8940 and request its completion. Additionally request that the appellant provide a copy of the Veteran's income tax returns from 2008 to 2014. [CONTINUED ON NEXT PAGE] 2. Then, using both the appellant's form and the May 2021 personal report, provide VA Form 21-4192 to each the Veteran's identified employers. See May 2021 personal report, pgs. 9-11. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Kovarovic, 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.