Citation Nr: 21028483
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 14-31 385A
DATE: May 11, 2021

REMANDED

Entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) prior to November 19, 2010, is remanded.  

Entitlement to special monthly compensation based at the housebound rate prior to August 16, 2016, is remanded.  

REASONS FOR REMAND

The Veteran had active service from April 1987 to July 1990; from October 2001 to March 2002; from January 2003 to April 2004; and from June 2005 to August 2006.  He served in Afghanistan and Iraq and was awarded the Combat Infantryman Badge.  

Entitlement to a TDIU prior to November 19, 2010, and special monthly compensation based at the housebound rate prior to August 16, 2016, is remanded.  

Unfortunately, another remand is required in this case.  Although the Board of Veterans' Appeals (Board) sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the claims.  

In its November 2020 Remand instructions, the Board directed the Agency of Original Jurisdiction to request that the Veteran "provide a proper and current address for his most recent employer, Triple Canopy."  

The record does not reflect that the Agency of Original Jurisdiction completed the requested action.  The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

Ask the Veteran to provide the current mailing address for Triple Canopy, his most recent employer,  

 

 

J. T. HUTCHESON

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Edward G. Lent

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.