Citation Nr: A21016393
Decision Date: 10/06/21	Archive Date: 10/06/21

DOCKET NO. 200409-67388
DATE: October 6, 2021

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

A separate Board of Veterans' Appeals (Board) decision issued under the Legacy (pre-modernized review) system awarded entitlement to a TDIU.

CONCLUSION OF LAW

The criteria for dismissal of an appeal for entitlement to a TDIU have been satisfied.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from March 1968 to October 1969.  

This matter is on appeal to the Board from an April 2019 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In the April 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran timely appealed the portion of the rating decision pertaining to the issue above and requested direct review of the evidence considered by the RO.  38 C.F.R. § 20.202.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  In this case, a separate Board decision under the Legacy system has granted the Veteran's claim of entitlement to a TDIU.  As there remain no allegations of errors of fact or law for appellate consideration regarding the issue of a TDIU, the Board does not have jurisdiction over this issue, and it is dismissed.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mathew

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.