Citation Nr: 22015306
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 10-19 816
DATE: March 17, 2022

REMANDED

Entitlement to total disability for individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1972 to December 1972. 

Entitlement to TDIU is remanded.

The Veteran contends that he is unable to work due to his service-connected disabilities.  The Board finds that a remand is warranted to develop the Veteran's claim for TDIU.

The Board of Veterans' Appeals (Board) initially determined that the issue of TDIU was raised by the record in a July 2020 decision and remanded the matter for further development.  The Board again remanded the issue of TDIU in February 2021 because the matter was inextricably intertwined with the Veteran's pending appeals for increased ratings for left knee and lumbar spine disabilities.

The Board most recently remanded the matter in July 2021 to obtain outstanding Social Security Administration records and to send the Veteran a VA Form 21-8940, Application for Increased Compensation Based on Unemployability, and a VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits in order to adequately develop the Veteran's TDIU claim.  In its July 2021 remand, the Board noted that the Regional Office (RO) issued a letter to the Veteran requesting these forms pursuant to the February 2021 remand, but this letter was returned as undeliverable.  The RO did not attempt to issue the letter to the Veteran's updated address prior to the July 2021 Board remand.  Specifically, during a June 8, 2021 communication with the Veteran, the Veteran informed the VA that his apartment number was missing from the address VA had on file.  Despite obtaining the correct address, the RO never attempted to send the required forms to the Veteran again.  As such, the Board remanded the claim to resend the necessary forms.

While the Board regrets further delay, the Board finds that there was not substantial compliance with the July 2021 remand instructions.  Specifically, the RO sent a new letter to the Veteran to obtain VA Forms 21-8940 and 21-4192 on August 9, 2021, but the address listed was the same incorrect address that resulted in returned mail prior to the July 2021 remand.  As a result, the forms must be resent to the Veteran at the correct address in order to develop the claim for TDIU.  As such, a remand is warranted.

The matters are REMANDED for the following actions:

1. Attempt to verify all of the Veteran's updated contact information, including mailing address with correct apartment number, if applicable.

2. Send the Veteran VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, and VA Form 21-4192, Request for Employment Information in Connection with Claim for Disability Benefits, to complete and return to VA. 

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The RO should ensure the mailing address on the letter requesting the forms is correct, including the apartment unit number, if applicable.

 

 

A.M. CLARK

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Veltri, Associate Counsel