Citation Nr: 18160290
Decision Date: 12/27/18	Archive Date: 12/26/18

DOCKET NO. 12-28 315
DATE:	December 27, 2018
REMANDED
Entitlement to an increased rating in excess of 30 percent for a facial lesion is remanded.
Entitlement to a total rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran had active service in the United States Army from April 1967 to March 1969 and from September 1983 to September 1996. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  
Initially, the Board notes that a remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand orders. Stegall v. West, 11 Vet. App. 268 (1998). Unfortunately, this matter must once again be remanded for compliance with the directives of the September 2018 Board remand. 
In September 2018, the Board directed that the AOJ consider new evidence, to include the August 2018 VA examinations. The AOJ has not adjudicated this evidence as directed by the Board, and has not issued a supplemental statement of the case. This was contrary to the prior remand instructions. See Stegall v. West, 11 Vet. App. at 268. 
1. Entitlement to an increased rating in excess of 30 percent for a facial lesion is remanded.
The Board remanded the issue of an increased rating for a facial lesion in September 2018. The AOJ has not considered the most recent August 2018 VA examination as directed, and as such, did not comply with prior remand directives. 
2. Entitlement to a total rating based on individual unemployability (TDIU) is remanded.
The Board previously remanded the issue of TDIU as it was inextricably intertwined with the above remanded issue of an increased rating for a facial lesion. The AOJ did not adjudicate the issue of TDIU following the Board’s September 2018 remand. As such, the AOJ did not comply with prior remand directives. 
The matters are REMANDED for the following actions:
1. Obtain any outstanding VA treatment records, to include all recent VA records. All requests and responses for the records must be documented. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records.  Request the Veteran to submit any relevant private treatment reports or provide VA with authorization to obtain any such records. 
2. Send appropriate notice to the Veteran regarding TDIU and complete any necessary development. This should include sending the Veteran an application form (VA Form 21-8940) and advising the Veteran of the necessity of notifying the AOJ of his employment history and his educational background for proper adjudication of this claim. He should be asked to specifically identify by date the period or periods during which he claims individual unemployability due to service-connected disabilities.
**As noted in the September 2018 Board remand, the pending claim for TDIU is inextricably intertwined with the facial lesion rating issue being remanded. As such, consideration of TDIU should be deferred until the issue of an increased rating for the Veteran’s facial lesion is either resolved or prepared for appellate consideration.**
3. After completion of the above and compliance with the requested actions has been ensured, adjudicate the issues in light of all the evidence of record. 

 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. Morales, Associate Counsel