Citation Nr: 18159054
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 15-01 303
DATE:	December 18, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability prior to October 13, 2017 is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Navy from January 1988 to January 1992.  He was scheduled for a Board hearing in December 2018, but he cancelled the hearing request.  
The Board notes that during the pendency of the appeal, the Regional Office (RO) awarded the Veteran a 100 percent disability rating for his posttraumatic stress disorder (PTSD) from October 13, 2017.  When a 100 percent rating has been granted, a claim for TDIU is not for consideration unless TDIU could be granted based on a disability other than the one rated as 100 percent disabling.  See Bradley v. Peake, 22 Vet. App. 280 (2008).  Here, the Veteran’s only service-connected disability is his PTSD, and thus, TDIU cannot be considered from October 13, 2017.  Accordingly, the Board’s below remand is for the period prior to October 13, 2017. 


TDIU
Prior to October 13, 2017, the Veteran’s only service-connected disability is PTSD, rated as 70 percent disabling.
In the Veteran’s October 2017 PTSD disability questionnaire, the Veteran reported that he worked part-time until 2012.  Although the Veteran provided his income information for the 2010 work year, the Board finds that income information up to 2012, the date he was last employed, is also needed to determine whether the Veteran had marginal employment.  Therefore, a remand is required to obtain documentation regarding the Veteran’s income from his part-time position up to his last date of employment.  
The matter is REMANDED for the following action:
Confirm the Veteran’s last date of part-time employment and retrieve all salary and income information from the Veteran for 2010 through 2012 and/or his final date of employment, whichever is later. 

 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Negron, Associate Counsel