Citation Nr: 21062635
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 16-56 740
DATE: October 8, 2021

ORDER

Entitlement to an effective date prior to August 29, 2014 for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

The Veteran has been found eligible for and has been granted a TDIU from August 29, 2014. 

CONCLUSION OF LAW

There being no justiciable case or controversy, entitlement to an effective date prior to August 29, 2014, for TDIU, is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1967 to September 1969.

This matter comes before the Board of Veteran's Appeals (Board) from an August 2021 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), that granted a TDIU, effective August 29, 2014. 

For the reasons explained below, the Board finds that the matter must be dismissed, as there remains no issue of controversy over which the Board may exercise jurisdiction. 

Entitlement to a TDIU prior August 29, 2014

In August 2021, the Veteran was granted a TDIU, effective August 29, 2014. At this time, the record does not show that the Veteran has initiated an appeal as to the downstream issue of the effective date assigned to the TDIU. Thus, entitlement to an effective date prior to August 29, 2014 is not currently on appeal before the Board and must be dismissed. 38 U.S.C. § 7105; see also Godfrey v. Brown, 7 Vet. App. 398, 408-10 (1995).

Notwithstanding, the Board is mindful of its well-established duty to maximize a Veteran's benefits. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); AB v. Brown, 6 Vet. App. 35, 38 (1993); see also Bradley v. Peake, 22 Vet. App. 280 (2008); see e.g. Robinson v. Shinseki, 557 F.3d 1355, 1361 (Fed. Cir. 2009); Clemons v. Shinseki, 23 Vet. App. 1, 5 (U.S. 2009).

However, the claims file before the Board does not reveal any finding that could reasonably substantiate an effective date prior to August 29, 2014. It is noted that prior to August 29, 2014, there was no pending claim as to entitlement to a TDIU, or alternatively, any pending increased rating claim that could reasonably raise the issue of entitlement to a TDIU pursuant to Rice, prior to August 29, 2014. Rice v. Shinseki, 22 Vet. App. 447 (2009); see also 38 U.S.C. § 5110 (b)(1); 38 C.F.R. § 3.400 (b)(2)(i).

The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. As the TDIU has already been granted and no disagreement as to the effective date assigned to the TDIU has been received, the Board finds there remains no issue of controversy over which the Board may exercise jurisdiction. Accordingly, the matter must be dismissed. 

 

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Gonzalez-Maldonado

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.