Citation Nr: 21071567
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 190514-11865
DATE: November 30, 2021

ORDER

The claim of entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed.

FINDING OF FACT

The Agency of Original Jurisdiction (AOJ) had not adjudicated a claim for TDIU in the March 2019 rating decision identified by the Veteran on the VA Form 10182 received in May 2019. 

CONCLUSION OF LAW

There was no appealable issue as to TDIU at the time the Veteran submitted the May 2019 VA Form 10182. The Board lacks jurisdiction over that issue. 38 U.S.C. § 7105; 38 C.F.R. § 20.202 (f), (g).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 2003 to May 2004 and from January 2010 to May 2012. 

In May 2019, the Veteran's representative submitted a VA Form 10182, Notice of Disagreement referencing several issues, including TDIU, identifying a March 2019 rating decision as the date of adjudication. The May 2019 rating decision did not address a claim for TDIU. The Department of Veterans Affairs had not yet issued a decision on the TDIU claim. There was no decision that may be appealed to the Board.  

The Board does not have jurisdiction to adjudicate the merits of the TDIU claim as it is not properly before the Board. The claim is dismissed. See 38 C.F.R. §§ 20.104(c), 20.202(a). 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.