Citation Nr: 22015575
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 14-41 295A
DATE: March 18, 2022

REMANDED

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from February 1992 to January 1996.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a February 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In a December 2014 substantive appeal, the Veteran requested a Board hearing before a Veterans Law Judge.  In February 2018, he was informed that a hearing was scheduled for March 2018; however, he did not appear for the hearing.  The Veteran did not request a postponement in a timely manner, nor has he offered good cause for his failure to appear.  Therefore, his request for a Board hearing is considered withdrawn.  38 C.F.R. § 20.704(d).  

The Board previously remanded this matter in August 2018, October 2020, and July 2021.   

Entitlement to a TDIU is remanded.

In May 2009, the Veteran submitted VA Form 21-8940 Veteran's Application for Increased Compensation Based on Unemployability, in which he reported that he last worked in construction in December 2005.  Thereafter, the Veteran has continued to assert that he is unemployable due to his service-connected disabilities.  However, recent VA treatment records from February 2021 and March 2021 show that the Veteran reported to his treating physicians that he was working in a distribution center for a retail company.  He reported that his work hours had been cut, and he was looking for another job.  In light of the above, the Board finds that remand is necessary to obtain current employment information from the Veteran.

Accordingly, the matter is REMANDED for the following action:

Contact the Veteran and request current information regarding his employment.  Request that the Veteran fill out a TDIU application form (VA Form 21-8940) and provide information as to his employment status since May 2009.  

 

Melissa Barbee

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Catherine Cykowski

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.