Citation Nr: 22018065 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 16-61 462 DATE: March 28, 2022 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Navy from December 1988 to October 1992. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2008 rating decision. In a September 2012 decision, the Board remanded the Veteran's claim for a TDIU for the issuance of a statement of the case (SOC) pursuant to Manlincon v. West, 12 Vet. App. 238 (1999). The record shows that the agency of original jurisdiction (AOJ) initially issued an SOC in February 2016. However, after the mailing of this SOC was returned and marked as not deliverable as addressed, the AOJ issued an additional SOC in November 2016 that was sent to a new address for the Veteran. The Veteran then submitted a timely VA Form 9 in December 2016. In the December 2016 VA Form 9, the Veteran requested a Board videoconference hearing. A February 20, 2020 letter subsequently notified the Veteran that his requested Board videoconference hearing was scheduled for April 3, 2020. A March 30, 2020 Report of General Information as well as the Veterans Appeals Control and Locator System (VACOLS) indicate that due to a suspension of Board hearings from March 23, 2020 until May 1, 2020, the April 3, 2020 Board hearing was postponed until the next available hearing date. The Report of General Information noted that although the Board attempted to contact the Veteran at his phone number of record to notify him of this information, there was no answer and the Board was unable to leave a voicemail. The record also noted that an attempt to make contact with the Veteran's representative was similarly unsuccessful. An April 15, 2020 letter later notified the Veteran that his Board videoconference hearing was scheduled for June 11, 2020. A June 8, 2020 Report of General Information reflects that the June 11, 2020 hearing was postponed until the COVID-19 social distancing measures had been lifted. The record stated that an attempt to contact the Veteran with this information was unsuccessful. There was no answer and no option to leave a voicemail. A subsequent June 8, 2021 letter notified the Veteran that he was scheduled for a Board virtual tele-hearing with a Veterans Law Judge on July 21, 2021. However, VACOLS reflects that this hearing was later found to be scheduled in error. A July 21, 2021 Report of General Information also noted that the Veteran called to reschedule his virtual hearing conference. The Veteran explained that he did not have access to the internet for a hearing, and he reported that his mother was in the hospital. A September 13, 2021 letter notified the Veteran that he was scheduled to have a Board video hearing on October 20, 2021. An October 19, 2021 Report of General Information reflects that an attempt made by the Board to contact the Veteran to confirm this hearing was unsuccessful. The Board employee indicated that he called the Veteran's three phone numbers of record, with the last noted number reported as not belonging the Veteran. The Board employee concluded that he was unable to confirm that the Veteran would appear the next day for the hearing. VACOLS also shows that the Veteran did not report for the October 20, 2021 Board hearing. The record reflects that neither the Veteran nor his representative has since requested for the hearing to be rescheduled or otherwise provided good cause for the Veteran not attending the Board hearing. See, e.g., November 2021 Informal Hearing Presentation. The Board consequently considers the hearing request to be withdrawn. The record also shows that the Board issued a March 2020 decision that remanded the Veteran's service connection claims for a headache disability; an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD); a back disability; and a bilateral eye disability. However, the AOJ has not yet returned this remanded appeal to the Board for review. 1. Entitlement to a TDIU is remanded. The record shows that the Veteran last completed a VA Form 21-8940, Veteran's Application for Increase Compensation Based on Unemployability, in April 2009. In this form, the Veteran reported that he last worked full-time in November 1996 in a position at Perdue Farm. In a prior VA Form 21-8940 dated in September 2005, the Veteran reported that he last worked full-time in April 2005. The Veteran later indicated in a June 2014 VA Form 5655, Financial Status Report, that his employment experience during the past two years included employment at Wendy's and Perdue Farm. In a subsequent June 2014 statement, the Veteran also indicated that he was currently working at Wendy's. In light of this information, the Board finds that a remand is warranted for the Veteran to complete an updated VA Form 21-8940 that includes information regarding his recent employment history. The matters are REMANDED for the following action: 1. The AOJ should request that the Veteran provide the names and addresses of any health care providers who have provided treatment related to his claim for a TDIU. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. The AOJ should also secure any outstanding VA medical records, to include records dated since February 2022. 2. Provide the Veteran with a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Individual Unemployability), and ask him to complete and return this form. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.C. Spragins, 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.