Citation Nr: 21006409
Decision Date: 02/04/21	Archive Date: 02/04/21

DOCKET NO. 17-32 069
DATE: February 4, 2021

ORDER

An earlier effective date of September 16, 2010, but no earlier, for the grant of a total disability rating based on unemployability (TDIU) due to service-connected disabilities is granted.

FINDING OF FACT

As of September 16, 2010, the Veteran’s service-connected disabilities render her unable to secure and follow substantially gainful employment. The Veteran meets the schedular requirement for TDIU as of this date because an earlier effective date for her service-connected depressive disorder was granted, which increased her combined rating to 80 percent. Prior to September 16, 2010, the Veteran did not meet the schedular requirement for TDIU. The Veteran, through her representative, has also argued she became unemployable on the above date. 

CONCLUSION OF LAW

The criteria have been met for an earlier effective date of September 16, 2010, but no earlier, for the grant of TDIU. 38 U.S.C. §§ 1155, 5107, 5110, 7105; 38 C.F.R. §§ 3.102, 3.340, 3.341, 3.400, 4.16, 4.19. 

REASONS AND BASES FOR FINDING AND CONCLUSION

In April 2019, the Board of Veterans’ Appeals (Board) denied the Veteran’s claim. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). In April 2020, the Court vacated the Board decision and remanded the Veteran’s claim for action consistent with the directives of a joint motion for remand (JMR). In September 2020, the Board remanded the Veteran’s claim for implementation of the Court’s directives and for the Agency of Original Jurisdiction (AOJ) to assign an effective date for the TDIU claim.

An earlier effective date of September 16, 2010, but no earlier, for the grant of a total disability rating based on unemployability (TDIU) due to service-connected disabilities

For the reasons outlined above, the appeal is granted. 

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.