Citation Nr: 18147670
Decision Date: 11/05/18	Archive Date: 11/05/18

DOCKET NO. 15-06 824A
DATE:	November 5, 2018
REMANDED
Propriety of the reduction of the rating from 60 percent to 30 percent disabling for service-connected ulcerative colitis.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1971 to June 1973.  
In the present matter, a June 2011 rating decision proposed to reduce the Veteran’s ulcerative colitis disability from 60 percent to 30 percent and denied the claim of entitlement to a TDIU.  The Veteran filed a notice of disagreement to both issues, and requested a hearing before a Decision Review Officer (DRO), which was held in May 2012.  Thereafter, the RO issued a statement of the case regarding only the TDIU claim, to which the Veteran filed a VA Form 9, perfecting his appeal to the Board.  A subsequent March 2016 rating decision reduced the Veteran’s ulcerative colitis to 30 percent, effective from June 1, 2016.  The Board notes that the Veteran has filed a notice of disagreement with this March 2016 rating decision regarding his currently assigned evaluation for ulcerative colitis.  
In May 2018, the Veteran requested that his appeal regarding his current disability evaluation for ulcerative colitis be transferred to VA’s Rapid Appeals Modernization Program (RAMP).  However, as this appeal regarding entitlement to a TDIU had already been activated at the Board, it is not eligible for RAMP and the Board will proceed with its adjudication of that issue to the extent possible.
Finally, in October 2018, the Veteran presented testimony before the Undersigned Veteran Law Judge of the Board.
1. Reduction of the rating for ulcerative colitis
Regarding the issue of whether the reduction of the ulcerative colitis from 60 percent to 30 percent disabling was proper, the Veteran submitted a timely notice of disagreement with the June 2011 rating decision, but a statement of the case has not yet been issued.  A remand is required for the AOJ to issue a statement of the case.  38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999).
2. TDIU
As a decision regarding the propriety of the reduction of the ulcerative colitis claim could significantly impact a decision on the Veteran’s entitlement to a TDIU, the issues are inextricably intertwined.  Thus, a remand is required.
The matter is REMANDED for the following action:
1. Send the Veteran and his attorney a statement of the case that addresses the issue of whether the reduction of the ulcerative colitis from 60 t0 30 percent disabling was proper.  If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration.
2. The AOJ should then take any further action deemed appropriate regarding the merits of the claim of entitlement to a TDIU.  
3. THE AOJ MUST REVIEW THE CLAIMS FILE AND ENSURE THAT THE FOREGOING DEVELOPMENT ACTION HAS BEEN COMPLETED IN FULL.  IF ANY DEVELOPMENT IS INCOMPLETE, APPROPRIATE CORRECTIVE ACTION MUST BE IMPLEMENTED.  
 
YVETTE R. WHITE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Berry, Counsel