Citation Nr: 21026313
Decision Date: 04/30/21	Archive Date: 04/30/21

DOCKET NO. 18-28 153
DATE: April 30, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from March 1966 to March 1968.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In January 2020, the Board denied a claim for TDIU and the Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In a Joint Motion for Remand (JMR), the parties moved the Court to vacate the Board’s denial.  In October 2020, the Court granted the motion, vacated the Board’s denial of TDIU and remanded the matter for development and readjudication.

In its order, the Court instructed the Board to obtain any outstanding VA treatment records.  Accordingly, a remand is required.  

  The matters are REMANDED for the following action:

1. Associate updated VA records with the claims file.

2. After the above has been completed, readjudicate the claim on appeal.  If the benefit sought remains denied, issue an appropriate supplemental statement of the case, and return the appeal to the Board

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Megan-Brady Viccellio

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.