Citation Nr: 18145570
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 12-19 294
DATE:	October 29, 2018
REMANDED
Entitlement to a rating higher than 10 percent for right great toe fracture is remanded.
Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to March 1, 2010, is remanded.
REASONS FOR REMAND
The appellant is a Veteran who served on active duty from November 1975 to November 1979, and from January 1980 to March 1988. 
In December 2017, the Board remanded the issues of service connection for hypertension and sleep apnea, as well as the increased rating claim for the right great toe fracture.  In September 2018, the Regional Office (RO) awarded service connection for hypertension and sleep apnea—this is a full grant of the issues on appeal and they are no longer before the Board.  The right great toe fracture will be addressed in the Remand below.
Also, it appears that the RO issued a September 2018 supplemental statement of the case (SSOC) addressing the Veteran’s increased rating claims for depression, calcaneal spur, and low back disability.  This is in error as the Board finally decided those issues in its December 2017 decision.  In other words, those issues are no longer on appeal.  
1. Entitlement to a rating higher than 10 percent for right great toe fracture is remanded.
In a January 2017 rating decision, the RO increased the Veteran’s rating for right great toe fracture from noncompensable to 10 percent, effective August 10, 2016.  In October 2017, the Veteran submitted a timely notice of disagreement (NOD) on the proper standardized VA form.  Although the NOD was acknowledged by the RO later in October 2017, a statement of the (SOC) was not issued.   
In the December 2017, Board decision, entitlement to a rating higher than 10 percent for right great toe fracture was addressed and remanded for a SOC.  The RO has yet to issue a SOC.  
This issue is again remanded for the issuance of an SOC.  See 38 C.F.R. § 19.9(c); Manlincon v. West, 12 Vet. App. 238, 240-41(1999).  
2. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) prior to March 1, 2010, is remanded.
The issue of entitlement to a TDIU was granted by the Board in December 2017.  The RO effectuated the grant in a January 2018 rating decision.  The Veteran submitted a timely NOD in March 2018, asserting entitlement to a TDIU prior to March 1, 2010.  The RO has not yet issued a SOC on this issue, hence it is also remanded for the issuance of an SOC.  See 38 C.F.R. § 19.9(c); Manlincon v. West, 12 Vet. App. 238, 240-41(1999).  
The matters are REMANDED for the following action:
Issue the Veteran an SOC for the issue of entitlement to a rating higher than 10 percent for right great toe fracture, and for entitlement to a TDIU prior to March 1, 2010.  This issuance should include notification of the need to timely file a substantive appeal to perfect an appeal.  
 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Skiouris, Associate Counsel