Citation Nr: 21029334
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 17-27 677
DATE: May 13, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to April 24, 2017 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from September 1985 to December 1985.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In October 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the proceedings is of record.  In February 2021, the Board remanded the matter to the Agency of Original Jurisdiction (AOJ) for additional development and it has since returned for further appellate review.

As noted in the February 2021 remand, a November 2017 rating decision awarded entitlement to a TDIU effective April 24, 2017.  However, as explained in the February 2021 remand, the issue of entitlement to a TDIU was raised in connection with the Veteran's appeal for initial disability rating for service-connected right ankle disability for the appeal period from February 26, 2016 to April 23, 2017.  Rice v. Shinseki, 22 Vet. App. 447 (2009).

For the period from February 26, 2016 to April 23, 2017, the Veteran does not meet the percentage standards set forth in § 4.16(a).  The Board may not consider this claim for a TDIU in the first instance but will refer it to the Director, Compensation Service, for extraschedular consideration.  38 C.F.R. § 4.16(b).  

The matters are REMANDED for the following action:

Refer the Veteran's claim for a TDIU to VA's Director of Compensation Service for extraschedular consideration for the appeal period from February 26, 2016 to April 23, 2017.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Mathew

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.