Citation Nr: 20056757 Decision Date: 08/27/20 Archive Date: 08/27/20 DOCKET NO. 17-20 596 DATE: August 27, 2020 REMANDED Entitlement to an initial disability rating in excess of 70 percent prior to January 15, 2018 for service-connected unspecified depressive and anxiety disorder is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 23, 2016, to include entitlement to TDIU based on a single disability for the purpose of determining entitlement to special monthly compensation (SMC) from January 15, 2018, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from February 1973 to April 1976. This matter is before the Board of Veterans’ Appeals (Board) is on appeal from an April 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina (Agency of Original Jurisdiction (AOJ)). The Board notes that in correspondence received in April 2019, dated March 26, 2019, the Veteran specifically revoked The American Legion as his representative, indicating a desire to represent himself. He has not appointed a new representative and proceeds with his appeal pro se. This matter was previously before the Board in February 2019. At that time, the Board (1) granted entitlement to an initial 70 percent disability rating for the Veteran’s unspecified depressive and anxiety disorder prior to January 15, 2018; (2) granted entitlement to a 100 percent disability rating for the Veteran’s unspecified depressive and anxiety disorder from January 15, 2018; and (3) granted entitlement to TDIU from May 23, 2016 through January 14, 2018. The Veteran appealed the Board’s decision to the Court of Appeals for Veterans’ Claims (the Court) as it pertains to (1) entitlement to an initial 100 percent disability rating for service-connected unspecified depressive and anxiety disorder prior to January 15, 2018, and (2) entitlement to TDIU prior to May 23, 2016, to include entitlement to TDIU based on a single disability for the purpose of determining entitlement to SMC from January 15, 2018. The parties filed a Joint Motion for Remand (JMR) which the Court granted, vacating the Board’s decision and remanding these claims due to the Board’s failure to provide an adequate statement of reasons and bases for its decision, as well as its failure to consider the full scope of TDIU entitlement. The claims are now back before the Board for adjudication. A remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the issues on appeal, in order to afford the Veteran every possible consideration. The record reflects that since the issuance of the Board’s February 2019 decision and the Court’s April 2020 order, further evidence has been associated with the record. This specifically includes a medical evaluation from a civilian physician who saw the Veteran in April 2020. When asked by letter in May 2020 whether he wanted to waive AOJ consideration, the Veteran requested that the Board remand his case back to the AOJ for review of the additional evidence. As such, there has not been a waiver of initial AOJ consideration for these records and the Board shall remand. The matters are REMANDED for the following action: The AOJ should readjudicate the remanded issues. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Victoria A. Banis, 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.