Citation Nr: 21001679
Decision Date: 01/11/21	Archive Date: 01/11/21

DOCKET NO. 15-45 065
DATE: January 11, 2021

REMANDED

The claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1963 to January 1967.  The Department of Veterans Affairs (VA) is grateful for his service. 

Entitlement to TDIU 

Some additional pertinent records were added to the claims file subsequent to the most recent Supplemental Statement of the Case (SSOC) in August 2020.  Accordingly, the Veteran was sent a letter on November 2, 2020 requesting waiver of VA Regional Office (RO) review of this evidence prior to the Board’s adjudication of the claim.  The letter informed the Veteran that he had 45 days to reply, and informed that if a reply was not timely received it would be assumed that the Veteran did not wish to have the Board decide his case prior to RO review.  Hence, in the absence of waiver, the case is again remanded to the RO for review and issuance of another SSOC.  38 C.F.R. §§ 19.31, 20.1304(c).

The matter is REMANDED for the following action:

Readjudicate the claim in light of the new evidence noted above and all other evidence received regarding this claim in a supplemental statement of the case.  

 

 

L. CHU

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Schechter

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.