Citation Nr: 18149604
Decision Date: 11/13/18	Archive Date: 11/09/18

DOCKET NO. 16-57 042
DATE:	November 13, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1950 to March 1953, and December 1954 to February 1971 in the United States Army.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 
Initially, a review of the file does not show that the Veteran was sent a notice letter in response to his claim for a TDIU.  Notice must be provided.
In addition, under 38 C.F.R. § 19.31, the AOJ will provide a supplemental statement of the case (SSOC) to the appellant and his/her representative when there are any material changes in, or additions to, the information included in the statement of the case (SOC) or any prior SSOC, to include receipt of additional pertinent evidence. 
If the pertinent evidence is received prior to transfer of the case to the Board, a waiver of AOJ review request is not appropriate, and the case must be remanded for a new SSOC.  38 C.F.R. §§ 19.31; 19.37(a).
Here, a large volume of pertinent VA treatment records, VA examination reports, and Disability Benefit Questionnaires was added to the record by VA since the RO’s last adjudication of the claim in November 2016.  As these records were received prior to the July 27, 2018 transfer of the case to the Board, the matter must be remanded for AOJ review and for the issuance of a SSOC.
The matter is REMANDED for the following action:
1. Send the Veteran a notice letter with regard to his claim for a TDIU.
2. Readjudicate the claim on appeal considering all evidence added to the claims file since the November 2016 SOC.  If the benefit sought is not granted, provide the Veteran with a SSOC.
 
 M. Tenner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Smith, Counsel