Citation Nr: 21030775
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 04-20 683
DATE: May 19, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to August 14, 2012, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from March 1979 to July 1994. This matter comes before the Board of Veterans Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in August 2003. The issue of whether the Veteran is entitled to a TDIU prior to August 14, 2021, was remanded by the Board in February 2017, September 2017, November 2018, and January 2021. 

1. Entitlement to TDIU prior to August 14, 2012, is remanded.

The RO issued a supplemental statement of the case (SSOC) on January 21, 2021. The Veteran submitted a response to the SSOC that was received on February      13, 2021, indicating that he had more evidence to submit and asking that the        RO wait 30 days before sending his case to the Board. The Veteran also attached two statements to his response, one from him and one from his wife. The RO certified his appeal to the Board on February 23, 2021, which was only 10 days after the Veteran's SSOC response. Since the RO did not issue another SSOC that considered the additional evidence received, this must be accomplished on remand.  38 C.F.R. § 19.31(b)(1).

The matter is REMANDED for the following action:

Readjudicate the Veteran's claim with consideration       of  all pertinent evidence received since the January   2021 SSOC was issued. If the benefit sought on appeal remains denied, the appellant and his representative should be furnished a supplemental statement of the case and be given an appropriate period to respond thereto before the case is returned to the Board, if in order.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.