Citation Nr: 21024665
Decision Date: 04/23/21	Archive Date: 04/23/21

DOCKET NO. 17-50 002
DATE: April 23, 2021

REMANDED

The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1967 to August 1968.

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

In June 2019, the Veteran testified in a videoconference hearing before the Board.  A transcript of the hearing has been included in the electronic claims file and has been reviewed.  In October 2019, October 2020, and December 2020, the Board remanded the claim on appeal for additional development.  The case is again before the Board for appellate review.

Another remand is warranted.  

In February 2021, the RO implemented the Board’s December 2020 grant of entitlement to service connection for a depressive disorder.  The RO granted an initial rating of 30 percent effective February 2015.  The appeal period has not expired for the decision.  Inasmuch as the TDIU claim is intertwined with the rating of psychiatric disability, a decision regarding the TDIU claim should be deferred until the decision assigning the initial rating is final.     

The matter is REMANDED for the following action:

Readjudicate the TDIU claim on appeal once the February 2021 rating decision assigning the initial rating for depressive disorder is final.  Then return the claim on appeal to the Board if warranted.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.