The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to an issue with the submission of a VA Form 21-8940, which was not completed and returned within the required timeframe.
The deciding factor: The AOJ did not provide the Veteran with the deadline for submitting the VA Form 21-8940 as instructed in the March 2018 remand, leading to a failure to substantially comply with the remand instructions.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001151
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.