Citation Nr: 21004716
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 20-29 127
DATE: January 28, 2021

REMANDED

Entitlement to an effective date prior to February 15, 2011 for the grant of 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 August 1989 to January 1991.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision by the Department of Veterans Affairs (VA). 

In January 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.

Entitlement to an effective date prior to February 15, 2011 for the grant of TDIU.

The Veteran does not meet the schedular requirements to be entitled to TDIU prior to February 15, 2011. See 38 C.F.R. § 4.16(a). Thus, the Board will refer the matter to the Director, Compensation Service, for extraschedular consideration of TDIU. See 38 C.F.R. § 4.16(b). The Board notes that it is not making a finding regarding the date of claim.

The matter is REMANDED for the following action:

1. The AOJ should refer this case to the Director, Compensation Service, for extraschedular consideration of TDIU pursuant to 38 C.F.R. § 4.16(b) for the period prior to February 15, 2011.

2. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.