Citation Nr: 21010742 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 11-22 334 DATE: February 25, 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 had active duty service from January 1985 to November 1986. These matters come before the Board of Veterans’ Appeals (Board) on appeal from April 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. In May 2014, the appellant was afforded a Board hearing at the RO before the undersigned Veterans Law Judge. In July 2015, the Board denied the Veteran’s claim. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a March 2016 Order, the Court granted a Joint Motion for Remand (JMR) and remanded the matter to the Board for action consistent with the motion. In July 2016, February 2017, October 2017, October 2019, and August 2020 the Board remanded this matter for additional development in compliance with the JMR. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. At the time of the August 2020 Board remand, there was medical evidence of record that showed the Veteran may not have been able to work since September 2017. Therefore, the Board remanded the claim in part to attempt to obtain a completed VA Form 21-8940 TDIU application form, as it needed additional information regarding the Veteran's education and occupational history. The Board further notes that it also remanded the claim for extraschedular consideration and this has been accomplished; however, the Veteran’s employment history remains unclear. For example, in her December 2020 advisory opinion denying entitlement to TDIU on an extraschedular basis, the Executive Director of Compensation Service indicated in her opinion that “[t]he Veteran’s VA Medical Center records indicate he is still employed.” The Veteran did not file the requested form and there is no indication why this information was not provided. The Board further notes that in his recent brief, the Veteran’s representative did not offer any explanation as to why the requested form was not completed and returned to VA. However, since the information requested is made even more significant in view of the Executive Director’s recent findings, the Board will allow the Veteran and his representative one additional opportunity to submit a completed VA Form 21-8940 TDIU application form. The Board notes that the United States Court of Appeals for Veterans Claims has held that the duty to assist is not a "one-way street." If the Veteran and his representative want help in developing this claim, they cannot passively wait for it in circumstances where they may or should have information that is essential in obtaining putative evidence. Woody. Derwinski, 1 Vet. App. 190, 193 (1991). The matter is REMANDED for the following action: Provide the Veteran and his representative with another VA Form 21-8940, Veteran's Application For Increased Compensation Based On Unemployability, and advise the Veteran to complete and return the form to support his claim for a TDIU. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. R. Montalvo, 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.