Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

Citation Nr: 26001426 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 13-28 745A DATE: January 30, 2026 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from September 1973 to September 1975. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) in January 2013. In a May 2018 decision, the Board denied entitlement to a TDIU. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In April 2019, the Court granted a joint motion for partial remand, vacating the May 2018 denial of entitlement to a TIDU and remanding the matter to the Board. This matter was again before the Board in June 2020, November 2021, October 2022, May 2023, and February 2024, and it was remanded each time for development. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. A remand by the Board confers on a veteran, as a matter of law, the right to compliance with the remand orders. Failure of the Board to ensure substantial compliance with remand instructions constitutes error and warrants the vacating of a subsequent Board decision. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board most recently remanded this matter in February 2024, directing the RO to perform the following development actions: (1) obtain the Veteran's VA treatment records from November 2023 to the present; (2) obtain the Veteran's Social Security Administration (SSA) records, including the most recent disability determination for SSA benefits and the records upon which the determination was based; (3) obtain the Veteran's earning report from SSA; and (4) refer the Veteran's claim for consideration of an extraschedular TDIU award. The Board notes that the RO has substantially complied with remand directives #1 and #4. The Veteran's SSA medical records were requested in February 2024. The SSA National Records Center submitted a response in March 2024, stating that there are no medical records in response to the request. In August 2024, VA sent correspondence to the Veteran informing him that his SSA medical records are unavailable. Accordingly, the RO has also substantially complied with remand directive #2. The claims file indicates that a letter was sent to SSA in February 2024, requesting the Veteran's earning statements from 2012 to the present. The RO requested a negative response if SSA did not have the requested information. The RO also sent a letter to the Veteran requesting this information. An undated email between VA employees, uploaded to the claims file in October 2024, notes that SSA had not yet responded to the request for the Veteran's earnings and income reports, and a recommendation was made to send a follow-up request. However, the claims file does not reflect that a follow-up request was sent or that SSA has otherwise responded to the request for the Veteran's earnings and income reports. Additionally, while the RO made a formal finding of unavailability regarding the Veteran's SSA medical records, no such finding has been made with respect to his earnings reports. Therefore, the RO has not substantially complied with the Board's February 2024 remand directive, and a remand is warranted to once more attempt to obtain the Veteran's SSA earnings reports. Additionally, the Veteran has never submitted a VA Form 21-8940 to detail his employment history. A VA examination in July 2013 noted that he did "heavy lifting work" but provided no further detail. Additional information as to his work and educational history would be of great use and thus the Veteran should be sent an official claim form to complete. The matter is REMANDED for the following action: 1. Send the Veteran a VA Form 21-8940 to provide information as to his work and educational history. 2. Obtain the Veteran's earnings/income reports from SSA, from 2012 to the present. Document all requests for information, and all responses to such requests, in the claims file. If the requested information cannot be obtained, this fact should be documented, and a formal finding of unavailability should be made. Notice should be given to the Veteran and his representative, and they should be given an opportunity to respond. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Pratt 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.