Citation Nr: 21015710
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 15-05 422
DATE: March 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from June 1958 to December 1958 and from August 1960 to January 1980.

This case comes before the Board of Veterans’ Appeals (Board) on appeal of a November 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In the February 2021 Supplemental Statement of the Case, the RO denied the TDIU claim and did not refer the claim to the Director Compensation Service (Director) for extraschedular consideration pursuant to 38 C.F.R. § 4.16(b). The RO found that the evidence failed to show the Veteran was unemployable due to service-connected disabilities and did not refer the case to the Director. Additionally, the criteria for schedular TDIU pursuant to 38 C.F.R. § 4.16(a) criteria have not been met. See September 2020 Codesheet. The Board does not have the authority in the first instance to award an extraschedular TDIU prior to referral to the Director. Consequently, and in view of the Veteran’s contentions, the issue of entitlement to TDIU is referred to the Director for extraschedular consideration pursuant to 38 C.F.R. § 4.16(b). See December 2018 application. 

The matter is REMANDED for the following action:

1. Undertake appropriate development to associate with the claims folder any outstanding VA treatment records and any outstanding VA examinations or opinions that are pertinent to the remanded TDIU issue; none are specified in this remand, however.

2. Refer the Veteran's claim for TDIU to VA's Director of Compensation Service for extraschedular consideration. Include a copy of this remand as well as a full statement as to the Veteran's service-connected disabilities, employment history, education and vocational attainment, and all other factors having a bearing on the issue. See 38 C.F.R. § 4.16(b). 

All documentation from this entity must be added to the claims file.

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Hetman

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.