Citation Nr: 21011146
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 07-00 110
DATE: March 1, 2021

REMANDED

Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from March 1980 to March 2004.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2006 rating decision by the Department of Veterans Affairs (VA).  In August 2010, the Veteran testified at a personal hearing before a Veterans Law Judge who is unavailable to participate in this decision.  The Veteran declined his right to another Board hearing in December 2016.  A transcript of that hearing is of record.  The issue on appeal was most recently remanded for additional development in November 2020.  

1. Entitlement to a TDIU is remanded.

In its November 2020 remand the Board noted that the Veteran had raised issues for entitlement to increased ratings for his service-connected disabilities that were inextricably intertwined with the TDIU issue on appeal.  The Agency of Original Jurisdiction (AOJ) was instructed the adjudicate the matters in a rating decision.  There is no indication that this action was completed.  

A remand by the Board confers on a veteran or other claimant, as a matter of law, the right to compliance with the remand orders.  See Stegall v. West, 11 Vet. App. 268 (1998).  Therefore, additional development as to this matter is required prior to appellate review.

The matter is REMANDED for the following action:

1. Adjudicate in the form of a rating decision the inextricably intertwined issue of entitlement to increased ratings for his service-connected lumbar spine, left shoulder, right shoulder, left knee, right knee, eczema, sinusitis and allergic rhinitis, hypertension, left upper extremity keloid scar, left flank scar, left thigh scar, bilateral hernia repair scars, right foot scar, and headaches disabilities.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the TDIU issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Douglas

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.