Citation Nr: 21007092
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 14-10 834
DATE: February 8, 2021

REMANDED

A total disability rating based upon individual unemployability due to service-connected disabilities (TDIU).

 

REASONS FOR REMAND

The Veteran served on active duty from February 1978 to August 1991. 

The case is on appeal from a January 2007 rating decision.

In November 2015, the Veteran testified at a hearing conducted by the undersigned Veterans Law Judge. 

In a May 2018 decision, the Board denied a TDIU.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court), which issued an order in July 2019 granting a July 2019 Joint Motion for Partial Remand (JMPR) filed by the Veteran and VA’s Office of the General Counsel (“the parties”).  The Court’s order remanded the matter for action consistent with the terms of the JMPR.  The Veteran abandoned the remaining issues decided in the Board’s May 2018 decision.  Upon return from the Court, the Board remanded the matter in January 2020.  

The Board, in May 2018, concurrently issued a separate decision remanding a claim of service connection for a blood disorder.  The Board is issuing a separate decision on that issue concurrently with the instant decision.  

A TDIU.

This issue is remanded as intertwined with the pending issue of service connection for a blood disorder.  As previously explained in the Board’s January 2020 remand, the parties at the Court in the July 2019 JMPR found that a decision on the TDIU issue must be deferred pending the outcome of the blood disorder claim.  The Board is separately issuing a remand of that claim.  Hence, the instant issue must also be remanded.  

The matters are REMANDED for the following action:

After completing all remanded action and readjudication on the issue of service connection for a blood disorder, readjudicate the TDIU claim, and return the issue to the Board if the benefit sought is not granted in full.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.