Citation Nr: 21024549 Decision Date: 04/23/21 Archive Date: 04/23/21 DOCKET NO. 15-37 902 DATE: April 23, 2021 REMANDED Entitlement to a total disability evaluation based on individual unemployability (TDIU) prior to May 13, 2019 is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1966 to February 1970, to include service in the Republic of Vietnam. In January 2021, the Board determined that the issue of TDIU was part of an increased rating claim when such a claim is expressly raised by a veteran or reasonably raised by the record. See Rice v. Shinseki, 22Vet. App.447 (2009). The Board then remanded the issue for additional development including obtaining SSA disability records and inviting the Veteran to complete a VA Form 21-8940 (Veteran’s Application for Increased Compensation Based on Unemployability). The matter has returned to the Board for an appellate review. The Veteran currently has a combined rating of 100 percent for his service-connected disabilities as of May 13, 2019. However, since the issue of entitlement to TDIU was raised under Rice in connection with the increased rating claim for CAD, the issue of entitlement to TDIU for the period prior to May 13, 2019 remains on appeal. AB v. Brown, 6 Vet. App. 35 (1993). This appeal has been advanced on the Board's docket pursuant to 38C.F.R. §20.900 (c). 38U.S.C. §7107 (a)(2). 1. Entitlement to a total disability evaluation based on individual unemployability (TDIU) prior to May 13, 2019 is remanded. The award of a 100 percent disability rating does not necessarily render moot a claim of entitlement to a TDIU. See Bradley v. Peake, 22 Vet. App. 280 (2008). Instead, a TDIU claim can be granted, despite the existence of a schedular total rating, for the purpose of establishing entitlement to SMC housebound under 38 U.S.C. § 1114(s). The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim of entitlement to a TDIU rating. As noted above, in January 2021, the Board directed the Agency of Original Jurisdiction (AOJ) to provide the Veteran an opportunity to complete and submit a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Individual Unemployability. The record shows that in January 2021, the AOJ did send the Veteran a VA-Form 21-8940 and a VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits. However, the Veteran did not complete and submit the forms. The Veteran has asserted that he was not aware of a VA Form 21-8940 and is more than willing to complete and return one to the VA. See Apri 2021 Appellate Brief (VSO IHP; Post remand Brief; Attorney Brief). The Veteran is reminded that he is expected to provide the necessary information to obtain records in relation to his claim. VA has a duty to assist the Veteran in obtaining information, and the Veteran has a duty on his part to cooperate with VA in developing a claim. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (noting that “[t]he duty to assist is not always a one-way street”). VA's duty must be understood as a duty to assist the Veteran in developing his claim, rather than a duty on the part of VA to develop the entire claim with the Veteran performing a passive role. Turk v. Peake, 21 Vet. App. 565, 568 (2008). The Board finds that additional evidence is required for the Board to adequately consider whether the Veteran is entitled to a TDIU prior to May 13, 2019. The Board will afford the Veteran one more opportunity to complete and submit the necessary forms for developing his claim of entitlement to a TDIU. The matters are REMANDED for the following action: 1. Provide the Veteran another a letter explaining the factors pertinent to establishing entitlement to a TDIU, along with a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability for completion. The letter should inform the Veteran that it is vital to his appeal for entitlement to a TDIU that he provide the information requested on the VA Form 21-8940, to include but not limited to, a detailed explanation of his employers, the nature of the work performed (i.e. occupational history), the number of hours worked per week, the dates of employment, and his reason(s) for leaving his employment during the appeal period. Also provide the Veteran with a VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits. 2. Then, review the record, conduct any additional development deemed necessary, and readjudicate the claim. If the benefit sought remains denied, furnish to the Veteran and his representative an appropriate supplemental statement of the case (SSOC). The Veteran   and his representative should be afforded the appropriate time to respond. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. M. Rogers, 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.