Citation Nr: 21027077
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 14-40 729
DATE: May 4, 2021

REMANDED

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

REASONS FOR REMAND

Having reviewed the record, the Board finds that remand is warranted.  A supplemental statement of the case (SSOC) was issued in September 2020.   However, pertinent VA examination and opinion reports were subsequently associated with the file in October 2020 and December 2020.  In March 2021, the Veteran requested that his case be remanded to the AOJ so this evidence could be considered by the AOJ in the first instance.  As such, the Board finds remand is warranted.  On remand, the AOJ should review this new evidence in the first instance and issue an SSOC if the claim is not granted in full.  See 38 C.F.R. §§ 19.31, 19.37(a).

The matter is REMANDED for the following action:

Review all relevant evidence that has been associated with the claims file since the issuance of the September 2020 SSOC, including the October 2020 VA back and elbow addendum opinions and December 2020 VA hearing loss examination.  Thereafter, readjudicate the Veteran's claim.  If the claim is not granted in full, issue an SSOC.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Vang, Stephanie

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.