Citation Nr: 21042717
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 13-00 761
DATE: July 13, 2021

REMANDED

A total disability rating based on individual unemployability (TDIU).

 

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from April 21, 1961 to April 1965.  He served on active duty in the United States Army from December 1967 to August 1973; and from October 1990 to May 1991.  He served in the Army National Guard on full time training duty (FTTD) from September 1986 to April 1987.   He had periods of active duty for training (ADT/ACDUTRA) from May 13, 1988 to July 25, 1988, and from January 23, 1961 to April 20, 1961.   

The case is on appeal from a November 2010 rating decision.   

In April 2014, the Veteran testified at a Board hearing.   

Most recently, in a November 2020 decision, the Board granted service connection for headaches, denied service connection for a pituitary tumor status post resection/removal, and granted an increased 50 percent rating, but no higher, for posttraumatic stress disorder (PTSD) from August 3, 2017.  The TDIU appeal was remanded pending RO implementation of the Board's grant of benefits for headaches and PTSD.

According to the website of the United States Court of Appeals for Veterans Claims (Court), an appeal of the November 2020 decision is pending, but presently unresolved, at the Court.

A TDIU.

Following the issuance of the most recent January 12, 2021 supplemental statement of the case (SSOC), the RO added additional evidence to the Veteran's claims file.  In a June 2021 response to the Board's May 2021 letter notifying him of the additional evidence, the Veteran stated he did not waive RO consideration of the new evidence.  Therefore, the Board must remand the issue of a TDIU on appeal for the RO to readjudicate the claim following review of the evidence obtained since January 12, 2021.  

The matter is REMANDED for the following action:

Readjudicate the issue of a TDIU, to include review of all additional evidence added to the record since the January 12, 2021 SSOC.  

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.