Citation Nr: 18140155
Decision Date: 10/02/18	Archive Date: 10/02/18

DOCKET NO. 14-17 662
DATE:	October 2, 2018
REMANDED
Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1971 to March 1974.
The Veteran was scheduled for a Board of Veterans’ Appeals (Board) hearing in July 2016; he failed to appear.  Accordingly, appellate review will proceed without a hearing.  38 C.F.R. § 20.704(d).
In December 2013 the Regional Office (RO) denied entitlement to an increased rating for service-connected left acromioclavicular joint separation and traumatic arthritis.  The Veteran did not appeal the increased rating claim.  
In September 2016 the RO issued a Supplemental Statement of the Case (SSOC) regarding entitlement to an increased rating for service-connected left acromioclavicular joint separation and traumatic arthritis.  The Board notes that the Veteran has not filed a Notice of Disagreement (NOD) with the issue of increased rating for the left shoulder disability.  Hence, despite the RO addressing the issue in a September 2016 SSOC, absent a jurisdiction conferring NOD, the Board lacks jurisdiction to address that claim.  38 C.F.R. § 20.200.  As the RO has apparently determined this issue was raised, the issue is referred to the Agency of Original Jurisdiction for appropriate action; specifically, to address the issue in a rating decision.  38 C.F.R. § 19.9(b).
The Veteran asserts he is unable to maintain substantial employment due to his service-connected left shoulder disability.  Specifically, he asserts that he cannot maintain employment due to his age, education, limited skills as a mechanic, and his limitation of motion in the left shoulder.  See August 2018 Application for Increased Compensation Based on Unemployability.
The Board finds that the claim for entitlement to an increased rating for service-connected left acromioclavicular joint separation and traumatic arthritis may affect the claim for a TDIU.  These issues are inextricably intertwined because an increased rating for the Veteran’s left shoulder disability could significantly change the adjudication of the TDIU issue.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).  Therefore, consideration of entitlement to TDIU must be deferred until the intertwined issue is either resolved or prepared for appellate consideration.  Id.  
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The matter is REMANDED for the following action:
After the claim for an increased rating for the left acromioclavicular joint separation and traumatic arthritis is resolved or perfected on appeal, readjudicate the claim of entitlement to a TDIU.  If any benefit sought on appeal is not granted to the fullest extent, issue the Veteran and his representative an SSOC and provide a reasonable opportunity to respond before the case is returned to the Board for further appellate review.

 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Gonzalez, Associate Counsel