Citation Nr: 21070370
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 15-31 914
DATE: November 23, 2021

REMANDED

The claim for a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1978 to November 1988.

A January 2021 Board decision remanded the TDIU claim to the Agency of Original Jurisdiction (AOJ) for adjudication. 

In its most recent Supplemental Statement of the Case (SSOC) dated May 2021, the AOJ denied the TDIU claim. Subsequently, new medical evidence (namely multiple VA examinations on service connected bilateral knee conditions and on Individual Unemployability) were conducted in June 2021. On September 15, 2021, the Board sent a letter to the Veteran and his representative, asking if the Veteran would like to waive the AOJ review of the new evidence, and informing the Veteran that if the Board has not heard from the Veteran or his representative within 45 days of the date of the letter, the Board would remand the appeal to the AOJ for review.

As of the date of this decision, the Board has not heard from the Veteran or his representative and more than 45 days has elapsed since the letter was sent.

Therefore, the matter is REMANDED for the following action:

Consider the new evidence and issue a SSOC on the TDIU claim. 

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.