Citation Nr: 21029822
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 06-38 088
DATE: May 17, 2021

REMANDED

The claim for a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1981 to November 1982. 

She provided testimony during a virtual hearing before the undersigned Veterans Law Judge. A transcript has been associated with the claims file.

1. Entitlement to a TDIU

Remand is required for referral of the claim for a TDIU to the Director, Compensation Service, for extraschedular consideration.

The Veteran has the following disabilities that are service connected: migraine headaches rated as 50 percent disabling; chronic right knee strain rated as 10 percent disabling; and chronic left knee strain, rated as 10 percent disabling. Her total rating is 60 percent, effective May 6, 2004. 

Based on the forgoing, the Veteran does not meet the percentage standards set forth in § 4.16(a).  Therefore, the Board may not consider her claim for a TDIU in the first instance but will refer it to the Director, Compensation Service, when there is a reasonable possibility that she is unemployable by reason of service-connected disabilities.  38 C.F.R. § 4.16(b).  

Throughout the claim and during the 2020 hearing, the Veteran indicated that she cannot work due to symptomatology associated with service-connected migraine headaches and bilateral knee strain disabilities.  Accordingly, remand is required for referral of the claim for a TDIU to the Director, Compensation Service, for extraschedular consideration.

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.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. B., 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.