11-17 059, 11-17 059

Veteran served on active duty from January 1976 to July 1991 and appealed a July 2009 RO rating decision seeking TDIU.
In August 2014 the Board remanded the TDIU claim, requesting that the Veteran complete VA Form 21-8940 and be scheduled for a vocational assessment.
The AOJ sent a September 2014 letter enclosing VA Form 21-8940 and advising the Veteran he had one year to submit the requested evidence; the Veteran did not respond.
No VA Form 21-8940 was returned and the AOJ did not schedule a vocational assessment after the one-year period expired.
The Board found the remand directions were complied with, concluded the claim was abandoned under the one-year rule for requested evidence, and dismissed the appeal for lack of jurisdiction to adjudicate the TDIU.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Veteran is entitled to TDIU and whether the appeal remains pending	Veteran seeks a TDIU rating (claimed entitlement)	AOJ/VA: Claim abandoned for failure to submit requested VA Form 21-8940 within one year	Appeal dismissed; TDIU claim considered abandoned for failure to furnish requested evidence

Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance principle)
D'Aries v. Peake, 22 Vet. App. 97 (2008) (remand compliance and duties on readjudication)
Hurd v. West, 13 Vet. App. 449 (2000) (TDIU treated as a form of increased-rating claim)
Norris v. West, 12 Vet. App. 413 (1999) (TDIU as an increased-rating claim)
Parker v. Brown, 7 Vet. App. 116 (1994) (TDIU as alternative means to obtain total disability rating)