Citation Nr: 21029731
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 16-17 059
DATE: May 14, 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 served on active duty from July 1968 to June 1970. 

The Veteran testified before the undersigned Veterans Law Judge at a June 2019 videoconference hearing. The transcript is associated with the claims file.

Entitlement to a TDIU

Evidence in the claims file indicates the Veteran worked during a portion of the appeal period. It is unclear whether the work was part-time or full-time and if/when the Veteran stopped working. This information is essential to adjudicate the Veteran's TDIU claim. 

In November 2020, the RO provided the Veteran with a VA Form 21-8940, Application for Increased Compensation Based on Unemployability. VA has not received a completed VA Form 21-8940. As the Veteran is unrepresented, the Board requests the RO provide the Veteran with another VA Form 21-8940 and clearly inform him that failure to provide the requested information may result in denial of the claim.

The matters are REMANDED for the following action:

1. Provide the Veteran with notice concerning how to substantiate a claim for TDIU, to include on an extraschedular basis.

2. Request the Veteran complete an Application for Increased Compensation Based on Unemployability (VA Form 21-8940). 

Inform the Veteran that failure to provide the necessary information about his education and work history may result in denial of the TDIU claim.

3. Send a VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits, to any employers identified by the Veteran during the appeal period.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Winkler, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.