Citation Nr: 21024312 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 13-34 165 DATE: April 22, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran honorably served in the United States Army on active duty from October 1968 to October 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 and February 2012 rating decision issued by the Department of Veterans Affairs (VA). The Veteran’s TDIU claim on appeal was added as an issue pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009) in a February 2014 Board Decision. The TDIU claim was remanded by the Board in February 2014, June 2018, and July 2019. While the Board sincerely regrets the additional delay, for the reasons below, the claim must once again be remanded. Following the Board’s February 2014 remand, a Deferred Rating Decision shows the Regional Office (RO) requested that the Veteran be provided notice to provide employment information. The Veteran was sent a development letter in March 2014, but the RO failed to provide the Veteran with a VA Form 21-4192, Request for Employer Information at that time. Following the Board’s July 2019 remand, the Veteran’s claim was referred to the Director, Compensation Service, for consideration of entitlement to TDIU on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b). In July 2020, the Director, Compensation Service provided a recommendation that the Veteran’s claim for TDIU benefits on an extraschedular basis be denied. The Director’s analysis of the matter noted that the Veteran did not complete the VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability or the VA Form 21-4192, Request for Employer Information. The Director, Compensation Service suggested that these documents were both enclosed in the letter sent to the Veteran in March 2014. However, the VA Form 21-8940 was enclosed with the March 2014 letter, but not the VA Form 21-4192. This form, which was deemed necessary by the Director, was not sent to the Veteran at any time thereafter. The VA Form 21-4192 was also not included with any of the Supplemental Statements of the Case. Therefore, the Board finds that remand is required for the RO to provide the Veteran with a VA Form 21-4192, Request for Employer Information. Additionally, it appears from the record that notices sent in November and December 2020 to the Veteran were returned undeliverable. The Board finds it is necessary to confirm the Veteran’s change of address upon remand. This matter is REMANDED for the following action: 1. Provide the Veteran with the appropriate Request for Employment Information form (VA Form 21-4192) for completion by his former employer, VAMC, or any other former employer. The Board again notes that this was not included with the March 2014 correspondence to the Veteran and also appears necessary according to the opinion of the Director, Compensation Service. Given the need to provide this form to the Veteran, the RO should also give the Veteran another opportunity to complete a VA Form 21-8940. In the event that the Veteran is unable to provide a Request for Employment Information form completed by his employer, the Veteran should be notified that he can submit other evidence showing evidence of his employability, to include income tax returns for the years April 1, 2010 through October 22, 2014 and July 1, 2015 to present, reflecting the periods of entitlement when the Veteran’s service connected disability is not rated at 100 percent. 2. Confirm the Veteran’s current mailing address and update the record as appropriate. A copy of all notifications should be sent to the Veteran’s representative to ensure the Veteran receives the correspondence associated with remand directive 1, above. 3. After completing the above actions, to include any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claims should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his 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 Hellina Y. Hailu, 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.