Citation Nr: 21029640 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 02-03 359A DATE: May 14, 2021 REMANDED Entitlement to a total disability based upon individual unemployability from September 1, 2020 is remanded. REASONS FOR REMAND The Veteran had active duty service from February 1980 to February 1984. In a February 2012 decision, the Board found that TDIU was reasonably raised by the record and was part and parcel of the Veteran's increased rating claim for a low back disability. Thus, TDIU was added to the Veteran's appeal and was remanded for further development. In July 2017, the Board remanded the issue of TDIU again to refer the claim to the Director of Compensation Service for consideration of entitlement to this benefit on an extraschedular basis under the special provisions of 38 C.F.R. § 4.16 (b). As remand directives were substantially complied with, the matter was returned to the Board and was adjudicated in a subsequent September 2020 decision. Stegall v. West, 11 Vet. App. 268, 271 (1998). In the September 2020 decision, the Board denied TDIU on an extraschedular basis for the period prior to May 6, 2019; and TDIU was denied on a schedular basis from May 6, 2019 to August 31, 2020. The issue concerning TDIU from September 1, 2020 and onward was remanded as it was found to be inextricably intertwined with the Veteran's increased rating claims that were pending at that time. Although the increased rating claims have been resolved and the issue of TDIU has been returned to the Board for further appellate review, the Board finds an additional remand is warranted. Initially, the Board notes that for the appeal period beginning September 1, 2020, the Veteran does not meet the criteria for a schedular TDIU as he is in receipt of a combined 50 percent rating. See 38 C.F.R. § 4.16 (a). Therefore, the matter must be referred to the Director of Compensation to determine if extraschedular TDIU is warranted pursuant to 38 C.F.R. § 4.16 (b). The Board notes, however, that the referral must be deferred at this time. In this regard, the Board observes that the Veteran filed a Motion to Reconsider the Board's September 2020 decision. In April 2021 written correspondence, the Board advised the Veteran that while his request included reconsideration of the Board's September 2020 decision and a revision of the Board decision on the basis of clear and unmistakable error (CUE), the Veteran's motion will be considered as a motion for reconsideration. The Veteran was further advised that the Board did not have jurisdiction to rule on the motion since the Veteran filed a Notice of Appeal with the U.S. Court of Appeals for Veteran's Claims (Court) pertaining to the Board's September 2020 decision. Therefore, the Board could not proceed with processing the request for reconsideration until jurisdiction is returned to the Board from the Court. As a result of the above, the Board finds that the current issue of TDIU from September 1, 2020 and onward is inextricably intertwined with the Veteran's pending appeal of the Board's September 2020 decision that denied TDIU prior to September 1, 2020. Thus, the claim is stayed pending adjudication of the Veteran's Motion for Reconsideration. The matter is REMANDED for the following action: Stay the referral to the Director of Compensation and resulting readjudication pending resolution of the Veteran's Motion to Reconsider. Z. SAHRAIE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Laffitte, Associate Counsel 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.