Citation Nr: 21013805 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 13-05 720 DATE: March 10, 2021 REMANDED Entitlement to a total disability rating for individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1984 to September 1992 and from September 2004 to May 2005. This matter is before the Board of Veterans’ Appeals (Board) on appeal after arising from the adjudication of a December 2009 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The issue of entitlement to TDIU was raised during the course of the Veterans’ appeals and was previously remanded in September 2017 and November 2018. Entitlement to TDIU is remanded. Although the additional delay is regrettable, the Board finds an additional remand is required before a decision can be made regarding the Veteran’s claim. In the November 2018 Board remand, the Board directed the RO to conduct any development action necessary to confirm the Veteran’s current contact information and mailing address, including whether he was still incarcerated, and to schedule the Veteran for a VA examination to determine the functional impairment caused by his service-connected disabilities singularly and jointly on his daily life. A review of the record reflects that the RO verified that the Veteran was no longer incarcerated and attempted to contact him via telephone and by sending various correspondences to discovered addresses. However, a January 2020 Report of General Information notes that the telephone numbers on file were not working numbers. In addition, various correspondence documents sent to [REDACTED] and [REDACTED] addresses were returned as undeliverable. In December 2019, a [REDACTED] address was discovered for the Veteran and, in January 2020, a notification letter was sent to the Veteran at that address informing him of his scheduled VA examination. However, January 2020 notations in the file indicate that the examinations were cancelled. In March 2020, the RO was able to contact the Veteran and he reported that he had moved from the [REDACTED] address and did not have a current address. The RO advised the Veteran on how he could retrieve mail from his claims file and that he should look into delivery options at a nearby Post Office. It was noted that the Veteran agreed that he would work on retrieving and submitting requested VA forms. However, to date, the documents have not been received. In August 2020, a new address (from a utility listing) was discovered for the Veteran. Given the facts above, the Board finds the Veteran may not have received notification of the scheduled examination as it is possible that the notification letter was sent to the [REDACTED] address after he had moved. As a new address has since been discovered, the Board finds that remand is necessary to schedule the Veteran for another VA examination, with notice of the examination sent to his most recent address of record. In addition, as the matter is being remanded, the Veteran should be given another opportunity to submit additional evidence in support of his claim, including VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, and to submit or identify any outstanding records of treatment for his service-connected disabilities. The matters are REMANDED for the following action: 1. Request that the Veteran complete and submit VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. 2. Contact the Veteran and his representative for his assistance in identifying and obtaining any outstanding records for his service-connected disabilities. He should specifically be requested to submit authorization necessary to enable VA to obtain records of any treatment received while incarcerated, as well as records of any private treatment. 3. After completing the development requested in items (1) and (2), schedule the Veteran for a VA examination by an appropriate clinician. The claims folder should be made available to the clinician in conjunction with this request. The clinician is requested to provide an opinion on the functional impairment caused by the Veteran’s service-connected skin disability (including scarring), hearing loss, and tinnitus, singularly and jointly, on his daily life, to include work and work like activities. In so doing, the clinician should take into consideration his level of education, special training, and previous work experience, as reflected by the evidence of record. The clinician must not consider his age or any impairment caused by nonservice-connected disabilities. The clinician should provide a complete rationale for any opinion(s) rendered. If the examiner cannot provide the requested opinion(s) without resorting to speculation, he or she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation. J. BARONE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Jiggetts 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.