Citation Nr: 21028204
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 09-06 939A
DATE: May 10, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) for the period on appeal prior to December 9, 2017 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from July 1976 to September 1978.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2007 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Board denied the Veteran's claim in an April 2019 decision.  The Veteran then appealed to the United States Court of Appeals for Veteran's Claims (CAVC), and in May 2020 CAVC vacated the April 2019 Board decision, granted a joint motion for remand, and returned the case to the Board for action consistent with the joint motion for remand.  

Remand

The Veteran has alleged that he is entitled to a TDIU for the period prior to December 9, 2017, on appeal.  See December 2020 Appellant's Brief.  The Veteran has not been employed since his last employment as a truck driver ended after a work accident in May 2005.

The Board finds that referral to the Director of Compensation Service, for consideration of entitlement to an extraschedular TDIU rating is appropriate.  See id.; 38 C.F.R. § 4.16(b).  A remand is required for the RO to refer the Veteran's claim for an extraschedular TDIU rating to the Director of Compensation Service. 

The matters are REMANDED for the following action:

Refer the Veteran's claim seeking entitlement to a TDIU for the period on appeal prior to December 9, 2017, to VA's Director, Compensation Service, for extraschedular consideration.  A copy of the Director's decision on this claim must be included in the Veteran's electronic claims file.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Gresham

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.