Citation Nr: 21062155
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 12-33 824A
DATE: October 6, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from August 1977 to September 1979.

In October 2019, the Board issued a decision finding that entitlement to TDIU was denied. In February 2021, the United States Court of Appeals for Veterans Claims (Court) issued a memorandum decision, vacated and remanded the matter for further development.

Entitlement to TDIU is remanded.

In light of the February 2021 CAVC memorandum decision, the Board finds that the evidence of record warrants a referral to the Director of Compensation Service for extraschedular consideration. Further, the Board notes that the Veteran has indicated he was counseled that he could no longer work while taking medication prescribed to treat his service-connected disabilities. Accordingly, as these records may be pertinent to his pending claim for TDIU, a remand is warranted to attempt to acquire them. 

The matter is REMANDED for the following action:

1. Obtain the Veteran's federal records from the Federal Aviation Agency.  Document all requests for information as well as all responses in the claims file.

2. Once the above development has been completed, refer the Veteran's claim for TDIU to VA's Director of Compensation Service for extraschedular consideration.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.