Citation Nr: 21013344 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 14-37 288 DATE: March 9, 2021 REMANDED Entitlement to a total disability rating for individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1961 to September 1963. In October 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that proceeding has been associated with the record. In October 2019, the Board found that the issue of entitlement to TDIU had been raised by the Veteran in the October 2018 hearing. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The matter was remanded for development. Entitlement to TDIU is remanded. As noted above, in October 2019, the Board determined that the issue of entitlement to TDIU had been raised by the Veteran in the October 2018 Board hearing. Specifically, the Veteran testified that he had to stop working as a truck driver due to the symptoms associated with his service-connected posttraumatic stress disorder (PTSD). The matter was remanded so that the Veteran could be provided notice on how to substantiate a claim of entitlement to TDIU and so that he could complete VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, for appropriate development by the Agency of Original Jurisdiction (AOJ). The Veteran was sent notice, along with VA Form 21-8940, in September 2020 but failed to respond with a completed application for TDIU. Without enough information to decide the matter, the claim was denied in an October 2020 rating decision and again in a subsequent October 2020 supplemental statement of the case (SSOC). In January 2021, the Veteran’s representative requested that the Board remand the matter so that the Veteran could be afforded an additional opportunity to complete VA Form 21-8940. The representative noted that the Veteran had been found incompetent and asserted that it was unclear whether the Veteran and his spouse understood the importance of submitting the requested form. This was supported by an October 2020 correspondence from the Veteran indicating that he had no additional evidence to provide VA in support of his claim. The Board concurs with the Veteran’s representative and finds that the Veteran should be resent notice with VA Form 21-8940 and given another opportunity to provide information in support of his claim for TDIU. The matter is REMANDED for the following action: 1. Provide the Veteran and his representative with VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, and advise him to complete and return the form to support his claim of entitlement to TDIU. Additionally, inform the Veteran of the provisions of 38 C.F.R. § 3.158. If this is not received, the claim will be adjudicated based upon the evidence of record. 2. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraph, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, furnish the Veteran and his representative a SSOC and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Silverblatt, 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.