Citation Nr: 21016225 Decision Date: 03/22/21 Archive Date: 03/22/21 DOCKET NO. 10-38 202 DATE: March 22, 2021 REMANDED Entitlement to a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from December 1987 to December 1993. The Veteran died in June 2014. The appellant is the Veteran’s surviving spouse and is the claimant in substitution for the Veteran in this case. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2009 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In August 2018 the Board found that the issue of entitlement to TDIU had been raised by the record. The Veteran testified at a hearing before the Board in April 2013, and the appellant testified at a Board hearing in July 2015. Transcripts of both hearings are associated with the claims file. The Board recognizes that the Veterans Law Judges who presided over those prior hearings no longer work for the Board. The appellant was notified of this fact and offered the opportunity for a new hearing, but declined. This case was most recently before the Board in August 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. Although the Board regrets the additional delay, further development is necessary to ensure substantial compliance with the prior remand directives.  In August 2020, the Board remanded this case, in part, so that income verification matching could be performed for the years 2008 to 2014. An October 2020 deferred rating decision shows the AOJ recognized this requirement. However, there is no evidence in the file that any such income verification matching occurred. In fact, the October 2020 supplemental statement of the case shows the AOJ’s indication that the “appeal was remanded by the Board of Veterans’ Appeals for additional evidence from the claimant.” This was referencing the other remand directive, which was substantially complied with. However, the remand directive for income verification matching was not addressed at all. The Board, therefore, has no choice but to again remand this matter. See Stegall v. West, 11 Vet. App. 268, 271 (1998).  Once the income verification matching occurs, the TDIU claim should be readjudicated for the entire period on appeal. The Board notes that for any period on appeal for which the schedular criteria for TDIU are not met, the AOJ should consider whether extraschedular consideration is warranted. This matter is REMANDED for the following action: 1. Income verification matching should be performed for the years from 2008 to 2014. If the AOJ is not able to perform such verification, the appellant, and her representative, should be notified, and the reason why should be clear in the record before the Board. 2. After completing the above, and any other development as may be indicated by any response received as a consequence of the action taken in the preceding paragraph, the appellant’s claim should be readjudicated based on the entirety of the evidence. For any period on appeal during which the schedular criteria are not met for TDIU, the AOJ should consider whether extraschedular consideration is warranted. If the benefit sought remains denied, the appellant and her representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. A. ADAMSON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. 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.