Citation Nr: 21074180 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 17-50 512 DATE: December 14, 2021 ORDER Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed. FINDINGS OF FACT 1. From August 19, 2019 forward, the Veteran is in receipt of a combined schedular 100 percent rating and special monthly compensation based on housebound status pursuant to 38 U.S.C. § 1114(s), resulting in entitlement to a TDIU being rendered moot from August 19, 2019 forward. 2. An October 2021 rating decision granted entitlement to a TDIU from November 20, 2015, the date of the Veteran's claim, to August 19, 2019, resulting in a full grant of the benefits sought on appeal prior to August 19, 2019. CONCLUSION OF LAW The Board lacks jurisdiction over the claim of entitlement to a TDIU because that claim has been granted and rendered moot. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.20, 19.22, 20.104, 20.903. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from October 1963 to October 1967. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in March 2016 by a Department of Veterans Affairs (VA) Regional Office (RO). The Board most recently remanded the issue on appeal for additional development in July 2021, and the Veteran was provided with the requested notice and documents in August 2021. As such, the directives have been substantially complied with and the matter is again properly before the Board. D'Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). In July 2021 the Board also denied entitlement ot service connection for a respiratory disability, and therefore that issue is no longer on appeal. 38 C.F.R. §§ 20.1000, 20.1001, 20.1100. 1. Entitlement to a TDIU. The award of a TDIU for the entire period on appeal constitutes a full grant of the benefits sought on an appeal of a denial of entitlement to a TDIU. Harper v. Wilkie, 30 Vet. App. 356, 35962 (2018); see also Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997). Further, the award of a 100 percent rating and entitlement to special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s) renders the question of entitlement to a TDIU moot, as the award of a TDIU during any such period would not result in any further benefit or compensation to the Veteran. Bradley v. Peake, 22 Vet. App. 280 (2008); Buie v. Shinseki, 24 Vet. App. 242 (2010). The Board may dismiss any appeal which fails to allege specific error of fact or law. 38 U.S.C. § 7105; 38 C.F.R. § 19.22. In this case, the Veteran filed a formal claim for entitlement to a TDIU on November 30, 2015. Prior to that date, there were no pending and unadjudicated claims for entitlement to an increased rating for any of the service-connected disabilities upon which the November 2015 TDIU claim was predicated. Rice v. Shinseki, 22 Vet. App. 447 (2009); Harper, 30 Vet. App. at 35962. In addition, no earlier filed claims for increased ratings were adjudicated along with the current claim for entitlement to a TDIU during the course of the current appeal. Id. Therefore, the date of claim for a prior increased rating claim may not be used as the date of claim for the purposes of determining the current period on appeal. As such, the appellate period for the TDIU claim currently on appeal dates back to the November 30, 2015 formal claim. Following the most recent July 2021 Board remand, the RO issued an October 2021 rating decision that awarded entitlement to a TDIU from November 20, 2015 to August 19, 2019. As this decision awarded entitlement to a TDIU starting with the date of claim and continuing up to August 19, 2019, this award constituted a full grant of the benefits sought on appeal for that period of time. Ab v. Brown, 6 Vet. App. 35 (1993). As such, entitlement to a TDIU for that period is no longer on appeal. Harper, 30 Vet. App. at 35962; see also Grantham, 114 F.3d 1156. Concerning the period from August 19, 2019 forward, at the time of the October 2021 rating decision the Veteran was in receipt of a 100 percent combined schedular rating for his disabilities, as well as entitlement to special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s). While the receipt of a 100 percent combined schedular rating alone does not necessarily render the issue of entitlement to a TDIU moot, in this case the issue is rendered moot from August 19, 2019 forward as the Veteran was in receipt of both a 100 percent combined rating and SMC pursuant to 38 U.S.C. § 1114(s). Bradley, 22 Vet. App. 280; Buie, 24 Vet. App. 242. In sum, the Veteran filed a formal claim for entitlement to a TDIU on November 30, 2015, and prior to that date there were no pending unadjudicated claims for entitlement to a TDIU or claims for entitlement to increased ratings for any of the Veteran's service connected disabilities. Rice v. Shinseki, 22 Vet. App. 447. The October 2021 award of entitlement to a TDIU from November 30, 2015 to August 19, 2019 constitutes a full grant of the benefits sought on appeal, and therefore that portion of the appeal period is no longer before the Board. Finally, As from August 19, 2019 forward the Veteran is in receipt of both a 100 percent schedular rating and entitlement to SMC pursuant to 38 U.S.C. § 1114(s), the issue of entitlement to a TDIU from August 19, 2019 forward is moot. Bradley, 22 Vet. App. 280. As there remains no period on appeal during which entitlement to a TDIU has either not been granted or rendered moot, there is no longer an active case or controversy before the Board with respect to the question of entitlement to a TDIU. Should the Veteran disagree with the effective date assigned for his award of entitlement to a TDIU, that is a downstream issue which must be separately appealed. Grantham, 114 F.3d 1156. If the Veteran wishes to contest the assigned effective date, he should complete and submit an appropriate decision review request form. As there no longer remains a case or controversy in the current appeal, the issue of entitlement to a TDIU is dismissed. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.20, 19.22, 20.104, 20.903. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Wendell, 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.