Citation Nr: 21015129
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 13-23 678
DATE: March 16, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability due to a service-connected disability (TDIU) is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from December 1990 to July 1991.

This matter comes to the Board of Veterans’ Appeals (Board) from an October 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. The Board notes that jurisdiction currently rests with the Oakland, California RO.

Addressing the most relevant procedural history, this case was most recently previously before the Board in April of 2020 at which time it was remanded for additional development, to specifically include obtaining an addendum medical opinion from a VA examiner. The case has now been returned to the Board. Unfortunately, an additional remand is necessary.

The Board is unable to determine from the current evidence of record what the Veteran’s employment status is. Specifically, on his October 2019 VA Form 21-8940, the Veteran asserted that he last worked in February of 2009. However, he also asserted “$4,000” to the inquiry of “if presently employed, indicate your current monthly income”. Given this discrepancy, the Board cannot make a fully-informed decision on the Veteran’s TDIU claim until additional development is undertaken on remand to obtain clarity regarding the Veteran’s employment.

The matters are REMANDED for the following actions:

1. Request that the Veteran complete and return an updated VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability).

2. Contact SSA and request the Veteran’s earning statements from 2008 through the present. If SSA responds that it cannot provide earnings statements to VA without the Veteran’s approval, undertake the necessary actions to obtain any documentation needed from the Veteran to enable VA to obtain an updated copy of her SSA earnings statements.

3. 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.