Citation Nr: 21023037
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 11-14 017
DATE: April 20, 2021

REMANDED

Entitlement to a total disability rating on the basis of individual unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Board of Veterans’ Appeals (Board) most recently remanded the issue of entitlement to TDIU in a January 2021 decision for readjudication by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). 

The Board notes that the issue of entitlement to TDIU was found by the VA to be part and parcel of the Veteran’s claim for benefits for an underlying disability as per Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). The AOJ solicited a formal claim for TDIU from the Veteran in September 2016 but no response was received.

The AOJ issued an SSOC indicating that TDIU is moot as of August 2003 because the Veteran has a combined 100% rating. A TDIU is considered a lesser benefit than the 100 percent rating, and the grant of a 100 percent rating generally renders moot the issue of entitlement to a TDIU for the period when the 100 percent rating is in effect. Regardless, the receipt of a 100 percent schedular disability rating for a service-connected disability or disabilities does not necessarily moot the issue of entitlement to a TDIU. Bradley v. Peake, 22 Vet. App. 280 (2008) (holding that a TDIU rating may still form the basis for assignment of SMC under 38 U.S.C. § 1114 (s). As such, in the present case, TDIU remains on appeal. 

Given the lengthy and complicated procedural history of the Veteran’s multiple claims over the years, the Board finds that the Veteran should be given an additional opportunity to submit a formal claim for TDIU and provide information as to the period or periods he is claiming entitlement to TDIU and his employment history throughout the period on appeal.

The Veteran is reminded that should he wish to withdraw a claim for TDIU he may do so in writing.

The matters are REMANDED for the following action:

Furnish the Veteran a VA Form 21-8940 to enable him to file a formal application for a TDIU.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Christensen

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.