Citation Nr: 21003626
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 15-13 276
DATE: January 22, 2021

REMANDED

Entitlement to a total disability rating due to individual unemployability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 2010 to October 2010.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the matter in October 2018. 

After the matter was recertified to the Board, a July 2020 VA examination was uploaded to the record that included new information regarding the Veteran’s employment status at that time. This new information was not considered by the RO in its May 2020 supplemental statement of the case, and therefore the Board sent a letter to the Veteran on November 10, 2020 offering him the option to waive the RO’s initial review of the evidence. The letter stated that if no response was received within 45 days, the matter would be remanded to the RO for initial review. At this time, no response has been received from the Veteran. 

Accordingly, the Board will now remand the matter for the RO to readjudicate the claim in light of the newly added evidence. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1304 (2018).

The matter is REMANDED for the following action:

1. Associate with the Veteran’s claims file any VA treatment records not already of record. 

2. Readjudicate the Veteran’s claim for a TDIU based on all evidence of record, to include the July 2020 VA examination that was newly added to the record.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Davis, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.