Citation Nr: 21066561
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 12-11 620
DATE: November 1, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) on an extraschedular basis is remanded. 

REASONS FOR REMAND

The Veteran had active service from March 1986 to April 1989.

Entitlement to a TDIU on an extraschedular basis is remanded.  

In its August 2021 Remand instructions, the Board of Veterans' Appeals (Board) directed that the Veteran's claim be referred to the Department of Veterans Affairs (VA) Director, Compensation Service for consideration of a TDIU on an extraschedular basis.  The Board clarified that "a copy of the Director's decision must be associated with the claims file."  

An August 2021 memorandum from the Agency of Original Jurisdiction requesting review by the VA Director, Compensation Service has been associated with the record.  However, the Director, Compensation Service's response, if any, is not of record.  The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

The matter is REMANDED for the following action:

Take appropriate action to associate the VA Director, Compensation Service's response to the August 2021 Agency of Original Jurisdiction memorandum requesting consideration of the Veteran's entitlement to a TDIU on an extraschedular basis with the record.  

 

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.