Citation Nr: 21022800 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 11-10 884 DATE: April 19, 2021 REMANDED Entitlement to a total disability rating based on individual employability due to service-connected disabilities (TDIU) is remanded. Entitlement to Dependents’ Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code (Chapter 35) is remanded. REASONS FOR REMAND The Veteran had active duty from January 21, 2004, to June 17, 2004. In December 2013, the Veteran testified before the undersigned at a videoconference hearing. A transcript of the hearing is associated with the claims file. The Veteran’s case was previously before the Board in December 2014, April 2016, and December 2017, at which times the Board remanded these and other matters on appeal for additional development. Although the Board regrets the delay, it determines that another remand is necessary in order to invite the Veteran to complete an application for TDIU. Specifically, a review of the record does not show that the Veteran was provided an opportunity to fill out and submit a Veteran’s Application for Increased Compensation Based on Unemployability form (VA Form 21-8940). Information included on this form, including the Veteran’s education, training, and work history, would be highly relevant evidence in adjudicating her claim for entitlement to a TDIU. Moreover, the Board must also remand the claim of entitlement to DEA benefits under Chapter 35 as it is inextricably intertwined with the claim for entitlement to a TDIU that the Board is remanding to the Agency of Original Jurisdiction (AOJ). Specifically, if entitlement to a TDIU is granted on remand, it may impact whether the Veteran’s has a total and permanent disability rating from a service-connected disability. The matters are REMANDED for the following actions: 1. Send the Veteran a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, and request that she complete the form in its entirety. 2. Following receipt of the requested information, and after completing any additional development deemed necessary, to include referral of the TDIU claim to the Director of Compensation Service for extraschedular consideration, readjudicate the remaining claims on appeal. If the benefits sought on appeal are not granted, issue a supplemental statement of the case, provide the Veteran an opportunity to respond, and then return the matters to the Board for further appellate review. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Hodzic, 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.