Citation Nr: 21071863
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 12-07 769
DATE: December 1, 2021

REMANDED

A total disability rating based on individual unemployability (TDIU) prior to December 2, 2013, on an extraschedular basis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1965 to July 1967.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an October 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.

In a January 2020 decision, the Board denied entitlement to a TDIU prior to December 2, 2013, including referral for extraschedular consideration.  The Veteran timely appealed to the U.S. Court of Appeals for Veterans Claims (Court), and in a September 2020 Order, the Court vacated the decision and remanded the claim pursuant to the terms of a Joint Motion for Remand.

Specifically, the Court found that the Board erred in failing to provide adequate reasons and bases for denying referral for extraschedular consideration.

In light of the Court Order, the Board finds that a remand is necessary for referral to the Director of Compensation Service for consideration of an extraschedular TDIU. 

The matter is REMANDED for the following action:

Refer the case to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Ahmad

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.