Citation Nr: 21011215 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 08-14 342 DATE: March 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 with the United States Air Force from December 1985 to December 2006. The Board remanded the issue of TDIU in February 2018 and October 2019 for additional development. The matter is now returned to the Board for further appellate review. In the October 2019 Board remand, the Board found the medical opinions of record were inadequate to determine whether the Veteran’s service-connected disabilities prevented her from securing and maintaining substantially gainful employment and there was insufficient information concerning the Veteran’s post-service employment. Accordingly, the Board requested the RO provide the Veteran appropriate notice for substantiating her TDIU claim; send the Veteran VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability; have the Veteran identify all outstanding records so VA may obtain them; and schedule the Veteran for an examination to evaluate the combined effect of her service-connected disabilities on her ability to secure and follow substantially gainful employment. A remand is necessary because the RO did not schedule the Veteran for an examination. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (remand by Board confers upon claimant, as a matter of law, the right to compliance with remand order). In June 2020, the RO sent the Veteran VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability; VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefit; VA Form 21-4142, Authorization to Disclose Information to the Department of Veterans Affairs; and VA Form 21-4142a, General Release for Medical Provider Information to the Department of Veterans Affairs. The Veteran did not provide the requested information. In order to afford the Veteran every opportunity to substantiate her claim, the Board finds one additional attempt to allow the Veteran to complete VA Form 21-8940, VA Form 21-4192, VA Form 21-4142, and VA Form 21-4142a is warranted. The Veteran is advised she must cooperate with the AOJ's efforts to obtain relevant evidence and schedule the requested examination or otherwise the issue on appeal will be decided based on the evidence of record. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (indicating the duty to assist is not always a one-way street). The matter is REMANDED for the following action: 1. Ask the Veteran to complete VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. 2. Ask the Veteran to complete a VA Form 21-4192 for any employer listed on VA Form 21-8940. 3. Ask the Veteran to complete VA Form 21-4142 and VA Form 21-4142a for any hospital or other medical treatment provider or facility which may have records relevant to her claim. Make two requests for the authorized records from any identified provider or facility unless it is clear after the first request that a second request would be futile. 4. Forward the claims file to an appropriate clinician to address the extent to which the Veteran’s service-connected disabilities separately, and in combination, have impacted the Veteran’s ability to obtain and follow substantially gainful employment. The report should include a description of the limitations and restrictions imposed by the Veteran’s service-connected impairments on such routine work activities as interacting with coworkers; sitting, standing, walking, lifting, carrying, pushing, and pulling. If the examiner determines that an additional in-person examination is required, one should be scheduled. The examiner should specifically address the Veteran's lay statements regarding symptoms she experiences. The examiner should address any other pertinent evidence of record. Following any additional indicated development, the RO should review the claims file and readjudicate the Veteran’s claim of entitlement to TDIU. All findings must be reported in detail and all opinions must be accompanied by a clear rationale. If any of the above issues cannot be resolved without resorting to speculation, then a detailed medical explanation as to   why this is so must be provided. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Zachery S.C. Luce, 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.