Citation Nr: 21042751 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 14-10 805A DATE: July 13, 2021 REMANDED Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1989 to August 2009. The claim was most recently before the Board in March 2021 when it was remanded for additional development. Subsequent to the most recent Board remand, additional VA treatment records dated to November 2020 were associated with the claims file. These treatment records indicate that the Veteran received private treatment for his disabilities, including from Blount Memorial Hospital and Maryville Urgent Team, and that records were sent for scanning. See VA Treatment, November 2020. In addition, the treatment records indicate that all medication was being monitored by an outside primary care physician. See VA Treatment, July 2020. Review of the claims file does not show any private treatment records dated subsequent to April 2015. As such, the claim must be remanded for attempts to obtain and associate with the claims file complete VA treatment records, including those scanned, and complete private treatment records regarding the Veteran, after obtaining any necessary authorization. See 38 C.F.R. § 3.159. In a March 2021 notice letter the Veteran was requested to complete a VA Form 21-8940 to obtain relevant employment information since October 2014. To date, the Veteran has not responded to the request. As the claim is being remanded for additional development, the Veteran should be afforded another opportunity to submit a VA Form 21-8940 and advised that failure to do so may result in the denial of his claim. Finally, in a November 2020 VA treatment note, the Veteran was reported to be unable to hold a job for long because of his behavior during mood swings or due to impulsive actions. Pursuant to a prior September 2020 Board remand, an attempt was made to schedule the Veteran for an examination regarding the functional impact of his service-connected disabilities. The examination was cancelled with the notation that the Veteran did not wish to pursue the claim. However, the Veteran did not respond to an October 2020 request for a statement in writing if he did not wish to pursue his claim. As subsequent treatment records indicate that the Veteran may be unable to hold a job due to his behavior, the Veteran must be afforded another opportunity to appear for an examination and be advised that failure to attend the examination may result in the denial of his claim. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a TDIU claim form (VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability). Advise the Veteran that it is his responsibility to provide information related to his employment, and that failure to do so may result in the denial of his claim. 2. Obtain complete VA treatment records regarding the Veteran, including outside treatment records scanned and identified in November 2020, and all VA treatment records dated since November 2020. 3. Ask the Veteran to complete a VA Form 21-4142 for all private treatment, including from Blount Memorial Hospital and Maryville Urgent Team. Make two requests for the authorized records from all identified providers, including from Blount Memorial Hospital and Maryville Urgent Team, unless it is clear after the first request that a second request would be futile. 4. After completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the current functional limitations arising from his service-connected obstructive sleep apnea; bipolar disorder; left subscapularis nerve entrapment; degenerative disc disease of the lumbar spine; anterior cervical diskectomy with fusion of C5-C6; residual scar of lumbar fusion; chronic sinusitis; residual scar of cervical fusion; and left shoulder surgical scar. Advise the Veteran that it is his responsibility to appear for the examination and that failure to do so may result in the denial of his claim. (Continued on the next page) The examiner should provide a full description of the service-connected disabilities and report all signs and symptoms necessary for evaluating the Veteran's disabilities under the rating criteria. The examiner should elicit from the Veteran his complete educational, vocational, and employment history. The examiner should identify all limitations or functional impairment caused solely by his service-connected disabilities, with special consideration of both the Veteran's occupational history and the limitations on manual and non-manual employment. J. Komperda Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Robert J. Burriesci, 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.