Citation Nr: 22018952 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 17-05 433 DATE: March 30, 2022 REMANDED The issue of 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 in the United States Army from July 2003 to July 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a rating decision issued by the U.S. Department of Veterans Affairs (VA) Regional Office (RO). In July 2021, the Board determined that the issue of entitlement to a TDIU had been raised by the record. The Board remanded the claim for additional development. The claim has now been returned to the Board for further appellate review. Specifically, in its July 2021 remand, the Board noted that the Veteran had not been provided notice of the requirements for substantiating a claim for a TDIU, and had not been provided a VA Form 21-8940, Application for a TDIU, or a VA Form 21-4192. As such, the Board directed that the Veteran be provided the requisite notice and be requested to complete a formal application for a TDIU. If such application was submitted, the Board directed that the Veteran be afforded a VA examination or examinations to determine the impact of her service-connected disabilities on her employability. In September 2021, the RO sent the Veteran a letter explaining the requirements for substantiating a claim for entitlement to a TDIU. Attached to the letter were VA Forms 21-8940 and 21-4192. In October 2021 and December 2021, VA examinations were performed. The examination reports show that the Veteran's service-connected migraines, allergic rhinitis, and sinusitis have caused difficulty focusing, to include on computer screens, and that her bilateral lower extremity disabilities impaired prolonged standing and walking. To date, the Veteran has not returned a completed TDIU application. VA Veteran Readiness and Employment (VR&E) records show that as of February 2022, the Veteran was not seeking employment, as she was attending college in pursuit of a bachelor's degree in psychology, with plans to graduate in 2022. She indicated she wanted to amend her program to pursue a master's degree in order to be more competitive for employment opportunities. She reported, however, that she had been having difficulty with her service-connected conditions, and had to attend numerous medical appointments, which impacted her ability to attend classes, leading to the need to drop one course. Under the foregoing circumstances, in order to afford the greatest degree of due process, the Board is providing the Veteran one final opportunity to complete a VA Form 21-8940 and submit any other evidence relevant to the issue of entitlement to a TDIU. The Veteran is advised, however, that failure to submit relevant evidence may be construed as an abandonment of her appeal. See 38 C.F.R. § 3.158 (when evidence is requested in connection with a claim for benefits and it is not submitted within one year after the date of the request, the claim will be considered abandoned). The Veteran is also advised that if she does not wish to continue her appeal with respect to entitlement to a TDIU at this time, she may submit a signed request to withdraw the claim. See 38 C.F.R. § 20.205. Accordingly, the matter is REMANDED for the following actions: 1. Send the Veteran a notice letter informing her of the requirements for substantiating a TDIU claim. This notice letter must include (1) a VA Form 21-8940, and (2) a VA Form 21-4192. Request that the Veteran fill out these TDIU forms and submit them to VA. 2. If the Veteran completes and returns the VA Form 21-8940 and/or VA Form 21-4192, forward the Veteran's claims file to a qualified VA examiner for an opinion regarding the combined effects of the Veteran's service-connected disabilities on her employability. If the examiner determines that an additional examination or examinations are necessary, schedule the examination(s). Following a review of the relevant records and lay statements, and an additional examination or examinations if necessary, the examiner should provide a full description of the effects of the Veteran's service connected disabilities (migraines, a lower back disability, bilateral lower extremity radiculopathy, left leg shin splints, sinusitis, allergic rhinitis, hearing loss, and tinnitus) on her ordinary activities, to include her employability. The examiner should state whether the evidence is in at least approximate balance as to whether the combined effects of the Veteran's service-connected disabilities prevent her from obtaining and maintaining substantially gainful employment consistent with her occupational and educational background. The examiner must provide a rationale for any proffered opinion. Michael L. Marcum Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Hampton, 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.