Citation Nr: 21010772
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 17-28 258
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 served on active duty from November 2002 to June 2014.

The Board previously remanded the issue of entitlement to a TDIU for further development in December 2018 and July 2020.

1. Entitlement to a TDIU is remanded.

The Veteran seeks a to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). He contends that his service-connected disabilities, particularly his PTSD, render him unable to obtain or maintain substantially gainful employment.

Unfortunately, another remand is required to ensure compliance with the Board’s December 2018 remand instructions.

Regarding a TDIU, the Board’s December 2018 remand instructions requested that the Veteran complete a VA Form 21-8940 TDIU claim form and that the Veteran be scheduled for a VA examination by an appropriate clinician. The Veteran submitted new VA Forms 21-8940 in June 2019 and October 2020. However, the requested VA examination has not been provided.

Where the remand orders of the Board are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran is entitled to substantial compliance with our December 2018 remand as a matter of law.

The matters are REMANDED for the following action:

1. Schedule the Veteran for examinations by appropriate clinicians to determine the severity of his service-connected disabilities. The examiners must identify all limitations caused solely by his service-connected disabilities.

2. After the above development and any additionally indicated development has been completed, readjudicate the TDIU claim. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his attorney-representative a Supplemental Statement of the Case. If necessary, return the case to the Board.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Morse

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.