Citation Nr: 21031388
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 20-19 349
DATE: May 21, 2021

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1977 to May 1978.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously remanded by the Board in December 2020.  The case has been returned to the Board at this time for further appellate review.

Entitlement to TDIU is remanded.

Additional claims for a compensable rating for the Veteran's service-connected orchiectomy of the left testicle status post testicular orchialgia and for entitlement to service connection for erectile dysfunction remain pending in a separate appeal stream before the Board.  Thus, the full extent and nature of the Veteran's service-connected disabilities is not yet determined and the issue of entitlement to TDIU cannot be resolved.  As the issue of entitlement to TDIU is inextricably intertwined with the separate appeal stream before the Board, remand is warranted, and adjudication should be deferred until the issues included in the separate appeal stream before the Board are resolved.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a decision on one issue would have a "significant impact" upon another, and that impact in turn could render any appellate review on the other claim meaningless and a waste of judicial resources, the two claims are inextricably intertwined.)

This matter is REMANDED for the following action:

Following the resolution of the Veteran's claims pending under a separate appeal stream, develop and adjudicate the issue of entitlement to TDIU.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.