Citation Nr: 21024125 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 14-24 561A DATE: April 22, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to April 15, 2014, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 2007 to April 2008, in addition to service in the Army National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for posttraumatic stress disorder (PTSD), effective September 14, 2011. The Veteran filed a claim for TDIU that was separately adjudicated by the RO that was denied in several rating decisions. Regardless of whether the Veteran initiated or perfected an appeal on that issue, a TDIU rating is inherent in any claim for an increased rating and was thus added to the Veteran’s claim seeking an increased rating for PTSD. See Rice v. Shinseki, 22 Vet. App. 447 (2009). In July 2017, the Veteran was afforded a videoconference hearing with the undersigned Veterans Law Judge; a transcript of that hearing is of record. A March 2020 rating decision granted entitlement to TDIU, effective December 8, 2014. Because this grant did not encompass the entire period on appeal, however, it remained on appeal before the Board. See Harper v. Wilkie, 30 Vet. App. 356 (2018). In August 2020, the Board granted a 100 percent rating for PTSD, effective April 15, 2014, and remanded the claim of entitlement to TDIU prior to that date. The Board notes that the Veteran perfected appeals on four issues, including service connection for chronic back pain; undiagnosed illness/chronic fatigue syndrome; burn pit condition/breathing problems; and opiod dependence. As he is awaiting scheduling of his requested hearing, those issues will be addressed in a subsequent decision. Entitlement to TDIU prior to April 15, 2014, is remanded. The Board remanded this matter in August 2020 to give the Veteran an opportunity to clarify his employment from September 2011 to April 14, 2014, to include any income earned during that time. The Board requested that the Veteran be provided with appropriate notice regarding how to substantiate his claim for entitlement to TDIU and a VA Form 21-8940. The RO provided this notice and VA Form 21-8940 to the Veteran in October 2020 and encouraged him to send in the requested information as soon as he could. The notice letter advised him that a decision could be made on his claim after 30 days but that he had up to one year from the date of the letter to submit the information and evidence necessary to support his claim. The Veteran did not provide the requested information and, in a November 2020 supplemental statement of the case, the RO denied the claim and returned it to the Board. In pursuing a claim, a claimant has a responsibility to cooperate in developing all facts pertinent to the claim; that is to say, VA’s duty to assist is not a one-way street. See Wood v. Derwinski, 1 Vet. App. 190 (1991). If the Veteran wishes help in developing his claim, he cannot passively wait for it in circumstances where he may or should have information that is essential in obtaining evidence. Id. Because the evidence remains unclear as to whether the Veteran was gainfully employed prior to April 15, 2014, and because the notification letter advised the Veteran he had one year to submit the requested information, the Board will provide one more opportunity for the Veteran to complete and submit this form and strongly encourages him to do so. The Board specifically requests that the Veteran identify the exact dates for each of the jobs worked prior to April 15, 2014, by month, date, and year, and the amount earned in each employment. [The Board specifically notes here that the notice letter provided to the Veteran was not completely accurate. Applicable regulations hold that once the Board issues a decision adjudicating an issue on appeal, that decision is final and is not subject to additional review except in cases of motions for reconsideration, vacatur, clear and unmistakable error, or appeals to the Court. 38 C.F.R. § 20.1100 (2020).] The matter is REMANDED for the following action: 1. Provide the Veteran with a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, and request that the Veteran provide the exact dates for each of the jobs worked prior to April 15, 2014, and the amount earned in each employment, and associate the completed form with his claim file. 2. If upon completion of the above action the issue of entitlement to TDIU remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Matta, 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.