Citation Nr: 21073269
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 16-04 505
DATE: December 8, 2021

REMANDED

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

INTRODUCTION

The Veteran served on active duty from August 1978 to August 1982 and from January 2003 to January 2004.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina.

In May 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of this hearing has been associated with the claims file.

This claim has been remanded on previous occasions, including, most recently, in August 2021.  After the issuance of an October 2021 supplemental statement of the case, the appeal has been remitted to the Board for further appellate review.

REASONS FOR REMAND

Entitlement to an extraschedular TDIU must be referred to the Director, Compensation Service for an initial determination where there is sufficient evidence to substantiate a reasonable possibility that a veteran is unemployable due to service-connected disabilities.  See Snider v. McDonough, Vet. App., No. 19-6707, 2021 U.S. App. Vet. Claims LEXIS 2050 (Nov. 19, 2021).

The Veteran does not meet the schedular requirements for TDIU for any period throughout the pendency of this appeal.  However, he has asserted, and the evidence suggests, that he is unable to work due to his service-connected disabilities.  As such, whether to grant TDIU on an extraschedular basis must first be assessed by the Director, Compensation Service.  38 C.F.R. § 4.16(b).

The matters are REMANDED for the following action:

Refer the claim for TDIU to the Director, Compensation Service, for consideration on an extraschedular basis. 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.