Citation Nr: 21069118 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 13-02 670 DATE: November 17, 2021 ORDER Entitlement to an effective date of October 25, 1984, but not earlier, for the grant of service connection for ischemic heart disease is granted. REMANDED Entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) is remanded. FINDING OF FACT The earliest date of a pending claim of entitlement to service connection for ischemic heart disease is October 25, 1984. CONCLUSION OF LAW The criteria for entitlement to an effective date of October 25, 1984, for the grant of service connection for ischemic heart disease are met. 38 U.S.C. §§ 5101, 5103, 5103A, 5107, 5110; 38 C.F.R. §§ 3.102, 3.151, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a veteran (the Veteran) who had active duty service from January 1962 to September 1984. This appeal comes before the Board of Veterans' Appeals (Board) from a June 2021 Order of the United States Court of Appeals for Veterans' Claims (Veterans Court). The appeal originated from a December 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. In March 2017, the Veteran presented testimony at a Board hearing, chaired by the undersigned Veterans Law Judge sitting at the VA Central Office in Washington, DC. At the Board hearing, the Veteran was informed of the basis for the RO's denial of his claims, and he was informed of the information and evidence necessary to substantiate each claim. The record was held open for an additional 60 days following the hearing so that the Veteran could submit additional evidence. 38 C.F.R. § 3.103. A transcript of the hearing is associated with the claims file. In a decision dated in September 2017, the Board denied the effective date claim and denied an increased rating for the service-connected ischemic heart disease prior to November 2, 2010. The Veteran appealed that decision to the Veterans Court. In a memorandum decision dated in June 2019, the Veterans Court vacated the Board's decision and remanded those issues to the Board for additional development. In a February 2020 decision, the Board again denied the effective date claim, but granted an increased rating of 60 percent for the service-connected ischemic heart disease for the period prior to November 2, 2010. The Veteran appealed that decision to the Veterans Court. In a June 2021 decision, the Veterans Court vacated and remanded the effective date claim and dismissed the matter of a rating higher than 60 percent for ischemic heart disease. The Veterans Court also inferred a claim of entitlement to TDIU. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). Entitlement to an effective date earlier than June 8, 2010, for the grant of service connection for ischemic heart disease. In the June 2021 decision, the Veterans Court reversed the finding of the Board that an October 1984 claim was subject to a final rating decision. The Veterans Court made no finding as to the effective date for service connection for ischemic heart disease. However, as the determination as to the finality of the October 1984 claim was reversed, the Board has no other alternative but to find that the October 1984 claim was not finally adjudicated and remains pending. As the claim remained pending at the time of the grant of service connection, the appropriate effective date is October 25, 1984. This represents the full benefit sought on appeal, therefore there is no prejudice resulting from any deficiency in the duties to notify or assist. REASONS FOR REMAND Entitlement to TDIU. The Veterans Court has remanded the issue of TDIU entitlement as a component of the now abandoned rating claim for ischemic heart disease. As the Veteran has a rating of 100 percent since June 28, 1993, the only benefit to be gained from an assignment of TDIU is the potential for Special Monthly Compensation (SMC) on the basis of statutory housebound criteria. See 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i); Bradley v. Peake, 22 Vet. App. 280 (2008); Buie v. Shinseki, 24 Vet. App. 242 (2011). However, this benefit has already been granted, effective June 8, 2010. Therefore, as the Board has herein granted an effective date for service connection for ischemic heart disease of October 25, 1984, the period prior to June 8, 2010, is still under consideration with respect to TDIU entitlement. This issue is dependent on the matter of the rating assigned for ischemic heart disease from October 25, 1984, to June 8, 2010. This rating must initially be determined by the agency of original jurisdiction. Accordingly, a remand is warranted. The matter is REMANDED for the following action: Implement the Board's grant of an effective date of October 25, 1984, for the grant of service connection for ischemic heart disease and assign a disability rating for the period prior to June 8, 2010. Then, adjudicate the claim for TDIU entitlement from October 25, 1984, to June 8, 2010. If TDIU entitlement for that period is not granted, the Veteran and his representative should be provided a supplemental statement of the case and an appropriate time period for response. The case should then be returned to the Board for further consideration, if otherwise in order. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Cramp 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.