Citation Nr: 21009322
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 12-21 298
DATE: February 22, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1969 to February 1971.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2010 rating decision by the Regional Office (RO) of the Department of Veterans Affairs (VA).

The Veteran presented testimony at a Board hearing in September 2014.  A transcript of the hearing is associated with the Veteran’s claims folder.

This case was previously before the Board in October 2016, at which point the Board granted a 50 percent rating for PTSD and remanded a claim for entitlement to a TDIU for extraschedular consideration.  The Director of Compensation Service proffered the requested extraschedular opinion in September 2020.  (9/29/2020, VA Memo, p. 1). 

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

Upon review of the claims file, the Board has determined that further development is necessary before the claim can be adjudicated.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159. 

In the Veteran’s Application for a TDIU, he indicated that he was self-employed from 1981 to February 2011 at a barbershop that he owned.  He further indicated that he had not earned income in the past 12 months, and was not currently earning a monthly income.  (2/20/2018, VA 21-8940, p. 1).  However, in later correspondences, the Veteran indicated that he still owns the barbershop and is earning income from the barbershop by collecting “booth rent.”  (5/27/2020, VA 21-4138, p. 1); (6/16/2020, Correspondence, p. 1). 

In May 2020 the Veteran provided updated information regarding his monthly income, but only for the period of May 2019 to April 2020.  (5/27/2020, VA 21-4138, p. 1);   

Given the inconsistent evidence from the Veteran regarding his monthly income, the Board finds that the claim for a TDIU should be remanded for additional evidentiary development.

The matters are REMANDED for the following action:

1. The AOJ should obtain copies of VA treatment records for the Veteran’s disabilities from September 2020 to the present.

2. Provide the Veteran with a VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability, and instruct him to complete this form with regard to his employment, including self-employment, for the period from February 2011 to May 2019. 

In doing so, the Veteran should include income earned from collecting “booth rent” from his barbershop. 

3. Request the Veteran’s Social Security Administration earnings report spanning the years of 2011 to the present.

4. Request that the Veteran submit evidence that details his wage earnings during this appeal, to include, copies of his social security statement of earnings, W2 Forms, tax returns, etc.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Glenn, 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.