Citation Nr: 21024911
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 16-35 206
DATE: April 26, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from May 2000 to May 2004.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal of an October 2014 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  In November 2018, the Board remanded the issue of entitlement to a TDIU for additional development.

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

In November 2018, the Board determined the issue of entitlement to a TDIU had been raised by the record in the appeal of the October 2014 rating decision.  At that time, a February 2017 mental disorders disability benefits questionnaire, completed by Dr. H. H.-G., a private psychologist, was of record.  Dr. Dr. H. H.-G. opined the Veteran’s Chron’s disease and depressive disorder prevented him from maintaining substantially gainful employment.  The claim was remanded, and the RO was directed to send a letter advising the Veteran of the information and evidence needed to substantiate a claim for TDIU and to provide a TDIU claim form (VA Form 21-8940). 

In March 2020, the RO provided the required information and TDIU claim form.  The Veteran has not returned the claim form or otherwise responded to the March 2020 letter.   

Currently, service connection is established for Chron’s disease and for depressive disorder.  From August 15, 2020, Chron’s disease is rated as 60 percent disabling and the Veteran’s combined disability rating is 80 percent.  However, the file does not include details of the Veteran’s education, employment, and earnings history.  Thus, supplemental information, necessary to adjudicate the issue of entitlement to a TDIU, remains outstanding.  

The Veteran is reminded that his cooperation is essential to the development of any claim.  Wood v. Derwinski, 1 Vet. App. 190 (1991); Hayes v. Brown, 5 Vet. App. 60 (1993) (VA’s duty to assist is not a one-way street; if a veteran wants help, he cannot passively wait for it in those circumstances where his own actions are essential in obtaining evidence).  The Veteran is further advised his failure to provide additional information to support his claim will result in the claim being considered based on the evidence of record, which may be insufficient to establish the claim.  Id.   

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The matters are REMANDED for the following action:

Ask the Veteran to complete and return a TDIU claim form.  Perform any additional development necessary to evaluate the claim.  Then adjudicate the issue of entitlement to a TDIU.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jeanne Celtnieks

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.