Citation Nr: 18150442
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 16-40 186
DATE:	November 15, 2018
REMANDED 
Entitlement to an effective date earlier than April 29, 2010 for the assignment of a 70 percent rating for service-connected acquired psychiatric disorder, to include bipolar disorder and PTSD is remanded.
Entitlement to an effective date earlier than June 1, 2011 for the grant of a total disability based on individual employability (TDIU) is remanded. 

REASONS FOR REMAND
The Veteran served on active duty from September 1977 to September 1981 and from November 2002 to October 2003. 
Historically, in this case, a March 2016 Board decision granted service connection for an acquired psychiatric disorder, to include bipolar disorder and PTSD and remanded the Veteran’s claim for TDIU. 
In a May 2016 rating decision, the RO effectuated the Board’s grant of service connection for an acquired psychiatric disorder and assigned an initial 50 percent rating effective April 29, 2010 and a 70 percent rating effective June 18, 2014. Entitlement to a TDIU was denied.  
In June 2016, the Veteran submitted a notice of disagreement as to the ratings assigned for the acquired psychiatric disorder and for the denial of the TDIU.  
Thereafter, the case was certified to the Board, and in an August 2017 decision, the Board granted a 70 percent rating, but no higher, for the Veteran’s service connected acquired psychiatric disorder, and granted a TDIU, effective for the entire rating period. 
In a September 2017 rating decision, the RO effectuated the Board’s decision granting the higher 70 percent rating for an acquired psychiatric disorder, and assigned an effective date of April 29, 2010, and for the grant of a TDIU, and assigned an effective date of June 1, 2011.  
In October 2017, the Veteran submitted a timely notice of disagreement for an effective date earlier than April 29, 2010, for the assignment of the 70 percent rating for the service-connected acquired psychiatric disorder and for an effective date earlier than June 1, 2011 for the effective date assigned for TDIU. 
A statement of the case has not been issued by the RO, and the claim must be remanded. See Manlicon v. West, 12 Vet. App. 238 (1999). After the RO has issued the statement of the case, the claims should be returned to the Board only if the Veteran perfects a timely appeal. See Smallwood v. Brown, 10 Vet. App. 93, 97 (1997).
These matters are REMANDED for the following action:
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Issue an SOC regarding the issues of entitlement to an effective date earlier than April 29, 2010 for the assignment of a 70 percent rating for service-connected acquired psychiatric disorder, to include bipolar disorder and PTSD and entitlement to an effective date earlier than June 1, 2011 for entitlement to a total disability based on individual employability (TDIU).
 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M.D., Associate Counsel