Citation Nr: 21021238 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 15-02 149 DATE: April 12, 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 August 1967 to August 1969. This appeal to the Board of Veterans’ Appeals (Board) is from a December 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which, in relevant part, granted service connection and an initial 10 percent rating for the Veteran’s posttraumatic stress disorder (PTSD). He appealed for a higher initial rating. In January 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge of the Board in support of the claim for a higher rating for his PTSD and concerning other claims that he also had appealed. A transcript of that hearing is of record. In June 2019, the Board assumed jurisdiction over this additional issue of entitlement to a TDIU since it had been raised during the videoconference hearing and was derivative of claims already on appeal – including especially for a higher rating for the PTSD. Bur rather than immediately adjudicating this derivative TDIU claim, the Board instead remanded it back to the RO pending completion of the additional development that also was being directed on remand concerning the claim for a higher rating for the PTSD. A November 2020 RO decision, on remand, increased the rating for the PTSD to 30 percent as of November 30, 2017, to 50 percent as of March 7,2019, and to 70 percent as of November 9, 2020. So, the ratings for the PTSD were “staged.” However, the derivative TDIU claim continued to be denied. After receiving these claims back from the RO, the Board issued a decision in January 2021 denying any increases in the “staged” ratings for the PTSD but, instead, again remanding the derivative TDIU claim for still more development and consideration. Regrettably, the Board must again remand this derivative TDIU claim. Entitlement to a TDIU is again remanded. In the prior January 2021 remand, the Board directed the RO to attempt to obtain the Veteran’s records from the Social Security Administration (SSA). Additionally, the Board instructed the RO to obtain additional information concerning his retirement in 2019, including more explanation of why he retired, income verification, and information from his prior employer. The Board also indicated that all attempts to obtain this additional evidence would need to be documented in the claims file and, if evidence could not be obtained, the Veteran and his attorney appropriately notified. However, while the RO undertook these actions, it is unclear whether the development was completed – or, if not, to what extent it was versus was not, since the claim was prematurely recertified to the Board without issuing a Supplemental Statement of the Case (SSOC). Thus, the Board must again remand this claim for provision of the required SSOC. 38 C.F.R. §§ 19.37, 19.38. See also Stegall v. West, 11 Vet. App. 268, 270-71 (1998). Accordingly, this claim is again REMANDED for the following still additional development and consideration: Provide the Veteran and his representative an SSOC in response to the additional development directed in the Board’s prior January 2021 remand concerning the claim for a TDIU. Also give them the required time to respond to the SSOC with additional evidence and/or argument. Only re-certify this claim to the Board once the time for responding to the SSOC has expired or they affirmatively indicate that no additional evidence and/or argument is forthcoming. KEITH W. ALLEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. J. In, 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.