Citation Nr: 21015310
Decision Date: 03/17/21	Archive Date: 03/17/21

DOCKET NO. 14-10 805A
DATE: March 17, 2021

REMANDED

Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1989 to August 2009.

In February 2018, the Board found that the Veteran’s claim for an increased rating raised the question of whether the Veteran is unemployable due to his degenerative disc disease. See Rice v. Shinseki, 22 Vet. App. 447 (2009).

Entitlement to a TDIU is remanded.

The Veteran has previously claimed that he was unable to work due to his service-connected disabilities. See VA 21-8940 Veterans Application for Increased Compensation Based on Unemployability received in October 2014. At that time, the Veteran reported that he had been unable to work since December 2013 due to his service-connected disabilities. The evidence, however, indicates that the Veteran began working again during the appeal period, but the extent and duration of this employment is unclear. In August 2019, the Veteran informed the Knoxville Community Based Outpatient Clinic (CBOC) that he would need to reschedule an appointment and that he would contact them when he knew his work schedule. Then, in July 2020, the Veteran reported that he “has had to leave from work” due to back symptoms. As the Veteran’s employment status since October 2014 is unclear, the Board finds that updated employment information should be obtained.

Additionally, the Board notes that pertinent VA treatment records have not been associated with the claims file. The December 2020 Supplemental Statement of the Case reported review of treatment records from the Knoxville/Mountain Home VAMC through November 24, 2020, but the records associated from the claims file appear to only include records through September 15, 2020. As such, the Board finds that any outstanding VA treatment records should be associated with the claims file prior to adjudication of the Veteran’s claim.  

The matters are REMANDED for the following action:

1. Request that the Veteran complete an updated VA Form 21-8940 (Application for Increased Compensation Based on Unemployability) to obtain relevant employment information since October 2014.

2. Associate with the Veteran's claims file any VA treatment records not already of record, to include treatment records from the Knoxville/Mountain Home VAMC since September 15, 2020. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.M. Johnson, 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.