Citation Nr: 21013204
Decision Date: 03/09/21	Archive Date: 03/09/21

DOCKET NO. 12-22 148
DATE: March 9, 2021

REMANDED

The issue of a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from September 2002 to December 2002, from February 2003 to May 2004, from July 2011 to January 2012, and from February 2014 to November 2014.  

This issue is before the Board of Veterans’ Appeals (Board) on appeal from a March 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Board notes that jurisdiction currently rests with the Columbia, South Carolina RO.

Addressing the relevant procedural history, this claim was previously before the Board in February of 2020 at which time it was remanded for additional development. The claim has now been returned to the Board for adjudication. Unfortunately, an additional remand is necessary.

In its February 2020 remand, the Board instructed the RO to request that the Veteran complete a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. In July of 2020, the RO attempted to send the Veteran a subsequent development letter requesting him to complete and sign such a form as well as any applicable VA Form 21-4192s. However, the claims file thereafter contains returned mail, indicating that the Veteran may never have seen this request. While VA has since obtained an updated address for the Veteran in Apopka Florida, the Board may not make a fully-informed decision until the Veteran is resent a subsequent development letter and given the chance to reply. The completion of a VA-Form 21-8940 is especially relevant in this case as the Board notes that a VA 27-0820 Report of General Information indicates the Veteran was “currently on active duty” as of July 2019.

The matters are REMANDED for the following actions:

1. Request that the Veteran complete and return a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability). The form should be sent to his updated address Apopka, Florida. Afford the Veteran a reasonable opportunity to respond.

2. Thereafter, readjudicate the claim. If the benefits sought on appeal remain denied, issue a supplemental statement of the case to the Veteran and his representative. Then return the appeal to the Board for further appellate review.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Smith, 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.