Citation Nr: 22062320
Decision Date: 11/07/22	Archive Date: 11/07/22

DOCKET NO. 15-42 124
DATE: November 7, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to September 1969.  His awards include the Purple Heart and the Republic of Vietnam Gallantry Cross Medal with Palm Ribbon.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In July 2021, the Veteran and witness P.P. testified at a videoconference hearing before the undersigned Veterans Law Judge; a transcript is of record. At the hearing, the Veteran waived RO review of the evidence added to the file since the appeal was certified to the Board in July 2016.

Entitlement to a TDIU is remanded.

Additional development is necessary prior to deciding the issue on appeal.  After appeal was certified to the Board, and after the July 2021 Board hearing, additional relevant VA-general medical evidence, to include: an October 2021 kidney conditions examination report with diagnostic testing results, a December 2021 peripheral nerves conditions examination report, and VA treatment record, was added to the claims file.  In September 2022, the Board sent the Veteran a waiver letter  asking if he would like to waive initial review by the RO.  In October 2022, the Veteran returned the form and requested remand for RO initial review. As such, remand for a supplemental statement of the case (SSOC) addressing the recent VA-generated medical evidence is warranted.

The matter is REMANDED for the following action:

Readjudicate the issue on appeal with consideration of the evidence received since the July 2021 hearing.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative an SSOC and provide an opportunity to respond.   

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.