Citation Nr: 21005369
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 14-34 583
DATE: February 1, 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 from April 15, 1975 to August 12, 1975 and from February 1978 to May 1981.

This matter comes before the Board of Veterans’ Appeals (Board) as part of the Veteran’s appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  

In March 2017, the Veteran testified at a video-conference hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of that hearing has been associated with the claims file.

In June 2018 and June 2020, the Board remanded this matter for further development.  That development having been completed, this matter has returned to the Board for further appellate review.  

 

Entitlement to a TDIU is remanded.

The Board notes that it is unclear when the Veteran stopped working as a result of his service-connected disabilities.  See March 2017 Hearing Transcript; see also November 2020 VA Form 21-8940 (noting the Veteran had not worked since January 2008).  His VA treatment records also reflect various dates of employment and unemployment.  See VA treatment records dated November 4, 2015 Intake (worked for UPS “for a while”); July 12, 2018 (last worked in February 2017); April 12, 2019 (stating he was about to start as a truck driver).  In order to accurately assess the Veteran’s claim for a TDIU, the Board finds that the Veteran’s dates of employment should be clarified on remand.  Further, SSA wage and earning reports for the period from December 2011to the present should be obtained to verify income received in those years.

The matters are REMANDED for the following action:

1. Clarify with the Veteran all dates of his employment and income since December 2011, and submit for verification to any employer(s) listed.  As noted above, there are discrepancies in his employment history.  See November 2020 VA Form 21-8940 (noting the Veteran had not worked since January 2008); VA treatment records dated November 4, 2015 Intake (worked for UPS “for a while”); July 12, 2018 (last worked in February 2017); April 12, 2019 (stating he was about to start as a truck driver).  

2. Make arrangements to obtain the Veteran’s SSA wage and earning reports for the period from December 2011 to the present to verify income received in those years.

3. Thereafter, develop the claim for a TDIU as necessary, to include, if indicated, obtaining updated treatment records, updated VA Vocational Rehabilitation records, and scheduling the Veteran for a VA examination(s) to assess the functional limitations caused by his service-connected disabilities. 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. M. Stedman, 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.