Citation Nr: 21074953 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 17-51 075 DATE: December 16, 2021 ORDER Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed. FINDING OF FACT As a 100 percent schedular disability rating is assigned from March 28, 2017 for the Veteran's service-connected disabilities, there remain no questions of law or fact to be decided regarding the issue of entitlement to a TDIU during this time period. CONCLUSION OF LAW The issue of entitlement to a TDIU has been rendered moot. 38 U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. § 20.101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 2011 to March 2017. This matter was previously before the Board of Veterans Appeals (Board) in March 2019. At that time, the Board determined that the evidence of record reasonably raised the issue of entitlement to a TDIU and remanded the matter for further development. See Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). All veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. 38 C.F.R. § 4.16. A finding of total disability is appropriate when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. 38 C.F.R. §§ 3.340(a)(1), 4.15. Total disability ratings for compensation may be assigned where the schedular rating is less than total when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities, provided that, if there is only one such disability, this disability shall be ratable at 60 percent or more, and if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16(a). The United States Court of Appeals for Veterans Claims (Court) has recognized that a 100 percent rating under the Schedule for Rating Disabilities means that a Veteran is totally disabled. Holland v. Brown, 6 Vet. App. 443, 446 (1994). Thus, if VA has found a veteran to be totally disabled as a result of a particular service-connected disability or combination of disabilities pursuant to the rating schedule, there is no need, and no authority, to rate otherwise that veteran totally disabled on any other basis. See Herlehy v. Principi, 15 Vet. App. 33, 35 (2001) (finding a request for a TDIU moot where 100 percent schedular rating was awarded for the same period). In this regard, the Board notes that a 100 percent schedular rating is a higher benefit than a TDIU. In the current matter, the Veteran has a 100 percent combined rating effective March 28, 2017, for her service-connected disabilities. However, an award of a 100 percent disability rating does not always render the issue of TDIU moot. The Court has held that a 100 percent schedular rating does not render TDIU moot if the TDIU would assist a Veteran in obtaining special monthly compensation (SMC) pursuant to 38 U.S.C. § 1114(s). Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2011), Bradley v. Peake, 22 Vet. App. 280 (2008). Under 38 C.F.R. § 3.350(h)(3)(i), a veteran who has a service-connected disability rated as 100 percent disabling and: (1) has an additional service-connected disability or disabilities independently rated at 60 percent or more; or (2) by reason of such service-connected disability or disabilities is permanently housebound, shall receive SMC under the provisions of 38 U.S.C. § 1114(s). Here, the Board finds that the issue of entitlement to SMC has not been raised by the record, as the Veteran does not meet the criteria set forth in 38 C.F.R. § 1114(s). The Veteran does not have a service-connected disability rated at 100 percent disabling. In fact, her highest service-connected disability rating is for 50 percent. Nor is she permanently housebound. Given the above, the issue of entitlement to a TDIU is therefore, moot and must be dismissed. U.S.C. §§ 7104, 7105(d)(5); 38 C.F.R. § 20.101. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Benson, 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.