Citation Nr: 21040183
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 14-01 902
DATE: July 2, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1977 to August 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

In September 2017, August 2018, and January 2021, the Board remanded the Veteran's claim for additional development. 

In February 2021, the claim was deferred by the RO to allow the Veteran to submit an application for TDIU (VA Form 21-8940). Two letters were sent to the Veteran instructing her to complete, sign and return the enclosed form. 

On March 24, 2021, no response having been received, a supplemental statement of the case (SSOC) was issued to the Veteran. The same day, the Veteran's representative submitted a SSOC notice response indicating that the Veteran had no other evidence to submit and asked for the case to be returned to the Board. On March 29, 2021, the Veteran submitted a different SSOC notice response indicating that more information or evidence needed to be submitted and asking the VA to wait the full 30-day period before returning the claim to the Board. 

A letter dated March 26, 2021, was sent to the Veteran stating the appeal was being returned to the Board. On March 29, she submitted a completed application for TDIU, VA Form 21-8940, directly to the Board. 

However, following the April 2021 notice of docketing at the Board, the Veteran's representative submitted a brief stating that the appeal was prematurely returned to the Board and that it should be remanded for further development and adjudication.

The appeal was not returned to the Board prematurely; VA acted in a timely manner on the evidence and information available to it. However, following certification to the Board, additional relevant evidence has been received, and the Veteran has not waived initial RO consideration.  Remand for issuance of an SSOC is required.  38 C.F.R. § 20.1305(c). 

The matters are REMANDED for the following action:

1. Return the appeal to the agency of original jurisdiction (AOJ) for consideration of the Veteran's application for TDIU and performance of any development deemed required by VA's duty to assist the Veteran in substantiating her claim.

2. Then, readjudicate the remanded issue. If the benefit sought remains denied, issue an SSOC and return the matter to the Board if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nolan, Shane D.

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.