Citation Nr: 21021324
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 17-53 084
DATE: April 12, 2021

REMANDED

Entitlement to a rating in excess of 60 percent for hypothyroidism is remanded.

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

REASONS FOR REMAND

These matters were previously before the Board of Veterans’ Appeals (Board) in February 2021.  At that time, the Board issued a decision restoring the 60 percent rating previously assigned for hypothyroidism and remanded the issues of entitlement to a rating in excess of 60 percent for hypothyroidism and entitlement to TDIU for further development.  It appears the Agency of Original Jurisdiction (AOJ) erroneously transferred the appellate record back to the Board on March 9, 2021, after issuing a rating decision implementing the restoration of the 60 percent rating for hypothyroidism, without completing the additional development required for the remaining issues on appeal.  The Board acknowledges the additional development required by its February 2021 remand directives is noted in a March 2021 deferred rating decision associated with the claims file on the same day the AOJ transferred the appellate record back to the Board.  Nevertheless, the transfer of the appellate record on March 9, 2021 resulted in the Veteran’s appeal being docketed for adjudication by the Board, as noted in the Board’s April 1, 2021 docketing letter to the Veteran and her representative.  As a result, the Board finds a remand is necessary to ensure compliance with its prior remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

Complete the development outlined in the Board’s February 2021 remand directives.  If any benefit sought on appeal remains denied, issue a supplemental statement of the case in accordance with 38 C.F.R. § 19.31(c) and return the matter to the Board.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.