Citation Nr: 21024337
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 14-43 770
DATE: April 22, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active duty service from January 1983 to January 2003. 

This appeal comes to the Board of Veterans’ Appeals (Board) from a rating decision, dated August 2012, issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Board recently remanded this matter in December 2020 for development and initial consideration of the Veteran’s TDIU claim. In January 2021 the Veteran was sent and asked to complete and return a VA Form 21-8940 (TDIU application) to ascertain his employment history. This form has not yet been completed or returned and the TDIU claim was denied in a February 2021 supplemental statement of the case (SSOC) based on the evidence of record. The Veteran’s representative specifically requested in an April 2021 brief that the Veteran be afforded another opportunity to submit a completed TDIU application.

The Board will therefore allow the Veteran one more opportunity to assist in the development of his claim by remanding this matter and asking the RO to send him a TDIU application to complete and return. 

However, the Veteran is advised that the duty to assist is a two-way street. If the Veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).

This matter is REMANDED for the following action:

Develop the claim of entitlement to a TDIU, to include sending the Veteran a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, and asking him to complete and return it. Failure to fully complete this form may result in denial of the TDIU claim. See 38C.F.R. §3.158 (a).

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kyle McKone

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.