Citation Nr: 21068360 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 10-44 366 DATE: November 10, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) on an extraschedular basis is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1965 to December 1968. The claim was most recently before the Board in March 2021. There has not been substantial compliance with the remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement TDIU extraschedular basis. The claim is remanded again to give the Veteran the opportunity to submit a VA Form 21-8940 and to obtain an adequate medical opinion. As discussed below the VA medical opinion provided is inadequate. In March 2021 correspondence, the Agency of Original Jurisdiction (AOJ) provided the Veteran a VA Form 21-8940 and asked that he complete he. He did not respond. The Board recognizes that VA policy instructs the AOJ to administratively deny a TDIU claim when a veteran fails to complete and submit a VA Form 21-8940. See Fast Letter 13-13 (Dep't of Veterans Affairs, June 17, 2013). However, the Board also notes that it is not bound by these administrative provisions. The Board is bound by applicable statutes, regulations of the Department, and precedent opinions of the General Counsel of the Department of Veterans Affairs; it is not bound by Department manuals, circulars, or similar administrative issues. See 38 U.S.C.A. 38 C.F.R. § 19.5. On remand, the Veteran should be asked to complete the necessary form. Although the VA Form 21-8940 is not specifically required to establish a claim for TDIU, the information included on that form are pertinent to the claim. The evidentiary record for the Veteran's appeal clearly supports the need for information as to his education and employment history. The Board must stress that the duty to assist is a two-way-street. If the Veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The claim is also remanded because the July 2021 medical opinion did not adequately explain the limitations the Veteran's service-connected disabilities impose on the Veteran's capacity for sedentary employment. The examiner identified a number of physical limitations but did not specify whether these limitations would prevent the Veteran from engaging in sedentary work. The matters are REMANDED for the following action: 1. Make a final attempt to contact the Veteran and ask him to provide a complete educational and employment history. Provide the Veteran with a VA Form 21-8940, Application for TDIU and request that he either submit the completed form, with all appropriate information, or otherwise provide the requested information. The Veteran should be informed that the information is crucial to the adjudication of his claim. Thereafter, take any indicated development action. 2. Obtain an addendum opinion from the examiner who provided the July 2021 opinion on the extent of functional limitations of the Veteran's service-connected disabilities and the effects, to include all associated limitations, on the Veteran's ordinary activities, to include work-like tasks. The examiner shall specifically focus on sedentary occupational tasks. The examiner shall take into consideration the Veteran's level of education, special training, and previous work experience, but not his age or any impairment caused by nonservice-connected disabilities. If the requested opinion cannot be provided without an examination, one should be scheduled. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.S. McLeod 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.