Citation Nr: 20022403
Decision Date: 03/31/20	Archive Date: 03/31/20

DOCKET NO. 11-33 191
DATE: March 31, 2020

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served as a member of the United States Army, with active duty service from February 1974 to September 1975. The Veteran also had peacetime service during the Vietnam Era.

This appeal comes to the Board of Veterans’ Appeals (Board) from a rating decision by a Department of Veterans Affairs (VA) Regional Office. In its decision, a RO denied entitlement to TDIU because the evidence did not show that the Veteran was unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Veteran’s TDIU claim was remanded by the Board in June 2019 for additional development. In October 2019 the AOJ issued a Supplemental Statement of the Case (SSOC) readjudicating and denying the appeal.

Additional medical records have been uploaded into the Veteran’s electronic claims folder since the AOJ issued the SSOC. The records do not appear to have been submitted by the Veteran or representative. The new evidence includes multiple CAPRI records, and extensive medical treatment records. These records include pertinent findings related to the Veteran’s claims for TDIU.

The Board may not consider additional evidence not previously reviewed by the AOJ, unless a waiver of initial AOJ review is obtained from the Veteran. 38 C.F.R. §§ 19.31, 20.1304(c). The Veteran has not submitted a waiver of AOJ consideration of the new evidence received since the October 2019 SSOC, and the AOJ has not issued an SSOC with consideration of the newly received evidence. On remand, VA should issue a SSOC that considers this evidence.

Accordingly, the matter is REMANDED for the following action:

1. Readjudicate the issue on appeal in light of the additional evidence added to the record since the October 2019 SSOC.

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Bristor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.