Citation Nr: 21006879
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 20-17 973
DATE: February 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from September 1962 to May 1974 with subsequent Reserve service.

This matter comes to the Board of Veterans’ Appeals (Board) from a June 2018 rating decision of a Regional Office (RO) for Department of Veterans Affairs (VA).  This matter was previously before the Board in May 2020 and August 2020 when it was remanded for additional development.  The August 2020 Board decision remanded the issue of service connection for tinnitus that was granted in a November 2020 rating decision and therefore this issue is no longer on appeal.  See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997).

This case has been advanced on the docket pursuant to 38 C.F.R. § 20.900. 

1. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Veteran’s claim for entitlement to a TDIU rating is inextricably intertwined with the Veteran’s claim for an earlier effective date and increased initial ratings for his coronary artery disease (CAD) received in August 2020 that are being processed under the Appeals Modernization Act (AMA) framework.  As the Veteran has claimed that those disabilities, in part, have prevented him from securing or following substantially gainful employment they are inextricably intertwined with the Veteran’s TDIU claim.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (noting that the prohibition against the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making or appellate litigation).

Accordingly, the Board will defer decision on the matter, until the rating issues under the AMA are decided. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).]

The matters are REMANDED for the following action:

1. After any necessary development and readjudication of the increased rating and earlier effective date claims currently on appeal under the AMA framework, readjudicate the TDIU issue that remains on appeal.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	John M. Middleton

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.