Citation Nr: 22008094 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 17-00 706 DATE: February 11, 2022 ORDER Entitlement to total disability rating based on individual unemployability (TDIU) is moot and the appeal is dismissed. FINDING OF FACT Throughout the appeal period, the Veteran is in receipt of a 100 percent rating for prostate cancer and is also in receipt of entitlement to special monthly compensation (SMC) at the statutory housebound rate. CONCLUSION OF LAW The claim for entitlement to TDIU is moot. 38 U.S.C. § 7104; 38 C.F.R. § 20.104. Bradley v. Peake, 22 Vet. App. 280 (2008). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1967 to March 1970. The Veteran has claimed to be unemployable due to his service-connected prostate cancer and Parkinson's disease. He raised the theory of unemployability during the pendency of the claim following the grant of service connection for Parkinson's disease and subsequent Notice of Disagreement (NOD) with the assigned rating. See October 2016 Rating Decision; September 2017 NOD. Accordingly, the claim for entitlement to TDIU is part and parcel of the October 2016 rating decision on appeal. In April 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is associated with the evidence of record. The appeal was remanded in June 2020 regarding the issues of a reduction from 100 percent to 60 percent for prostate cancer, a higher rating for Parkinson's (Manlicon), and entitlement to TDIU. The Veteran did not perfect his appeal regarding the rating for his Parkinson's disease after a September 2020 statement of the case. Subsequently, a January 2021 rating decision indicated the Veteran had his 100 percent rating for prostate cancer restored, SMC was granted as of November 1, 2016, eligibility for DEA was established from March 16, 2015 and entitlement to TDIU was determined to be moot. Entitlement to TDIU The Veteran is claiming he is entitled to TDIU due to his Parkinson's disease. See September 2020 TDIU Application. The Veteran has several ratings for his Parkinson's disease associated with different impairments, all effective July 18, 2016. The United States Court of Appeals for Veterans Claims (Court) has recognized that a 100 percent rating under the Schedule for Rating Disabilities means that a veteran is totally disabled. Holland v. Brown, 6 Vet. App. 443, 446 (1994); citing Swan v. Derwinski, 1 Vet. App. 20. 22 (1990). However, the Court held in Bradley v. Peake, 22 Vet. App. 280 (2008) that the issue of entitlement to TDIU may be moot based on the assignment of a total schedular rating under certain circumstances, in particular where entitlement to special monthly compensation (SMC) could be awarded based on the consideration of a TDIU rating under 38 U.S.C. § 1114(s). See also Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2011). Significantly, the Court held in Bradley that a separate award of TDIU predicated on a single disability may form the basis for an award of SMC. Throughout the appeal period since July 18, 2016, the Veteran is already rated 100 percent disabled due solely to his prostate cancer and is also in receipt of SMC at the housebound rate under 38 U.S.C. § 1114(s). Accordingly, the question of entitlement to TDIU must be dismissed, as the purpose of Bradley has been met, and therefore, the claim is moot. As there remains no case or controversy concerning whether the Veteran is entitled to the benefit sought, the appeal of the claim for TDIU is moot and must be dismissed. Sabonis v. Brown, 6 Vet. App. 426 (1994). In making this decision, the Board recognizes that in the future the Veteran's prostate cancer may go into remission, thus reducing his rating to less than 100 percent. If this occurs, the Veteran is encouraged to file another claim for entitlement to TDIU, as the claim would no longer be moot. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board O'Connell, Jessica L. 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.