Citation Nr: 21008311
Decision Date: 02/16/21	Archive Date: 02/16/21

DOCKET NO. 19-29 191A
DATE: February 16, 2021

REMANDED

Entitlement to an effective date earlier than May 20, 2014 for the award of a total disability rating due to individual unemployability (TDIU) is remanded.

Entitlement to an effective date earlier than May 20, 2014 for the award of a basic eligibility to Dependents’ Educational Assistance (DEA) benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1967 to March 1971 and May 1974 to August 1974.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2017 rating decision of an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA).

In February 2021, the Board issued a decision under VA’s modernized appellate framework that determined that the Veteran’s October 2019 VA Form 9 was timely with respect to the December 2017 Statement of the Case (SOC) in this appeal.

1. Entitlement to an effective date earlier than May 20, 2014 for the award of a TDIU is remanded.

2. Entitlement to an effective date earlier than May 20, 2014 for the award of a basic eligibility to DEA benefits is remanded.

Remand is necessary for issuance of a Supplemental SOC, as additional VA treatment records were associated with the claims file since the issuance of the December 2017 SOC and prior to the transfer of this appeal to the Board.  These records are relevant to the instant appeal, as the records pertain to the period prior to the Veteran’s current effective date of entitlement to a TDIU, i.e. prior to May 20, 2014.  See VA Treatment Records Received March 20, 2019 (spanning December 14, 2006 to February 12, 2014); see also June 2017 Notice of Disagreement (seeking entitlement to a TDIU and DEA benefits from September 10, 2007).

The matters are REMANDED for the following action:

Issue a Supplemental Statement of the Case addressing the issues of entitlement to an effective date earlier than May 20, 2014 for the awards of entitlement to a TDIU and entitlement to basic eligibility to DEA benefits.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.