Citation Nr: 20021672
Decision Date: 03/26/20	Archive Date: 03/26/20

DOCKET NO. 16-29 565
DATE: March 26, 2020

ORDER

Entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed.

FINDING OF FACT

There is no case or controversy regarding the benefit sought on appeal, as the RO has already granted entitlement to TDIU.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to a total disability rating based upon individual unemployability (TDIU) have been met, as the issue has been rendered moot. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1964 to August 1968.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In an October 2019 rating decision, the RO granted entitlement to TDIU effective from March 31, 2011, the day the Veteran met the schedular requirements for the benefits sought as well as the day his initial claim for service connection was received, until September 15, 2016, when the Veteran’s overall combined evaluation is 100 percent schedular. There is no indication that the appellant has initiated an appeal with the effective date assigned. Grantham v. Brown, 114 F. 3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of “downstream” elements such as the disability rating or effective date assigned). Thus, the Board finds that the issue of entitlement to TDIU is moot, and it will be dismissed. 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Hicks, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.