Citation Nr: 22012835 Decision Date: 03/07/22 Archive Date: 03/07/22 DOCKET NO. 17-58 768 DATE: March 7, 2022 ORDER Entitlement to a total disability evaluation based upon individual unemployability (TDIU) is moot; the appeal, consequently, is dismissed. FINDING OF FACT The Veteran has had a 100 percent combined schedular rating for his service-connected disabilities for the entire appellate period, and he does not meet the criteria for special monthly compensation (SMC) at the "(s) rate." CONCLUSION OF LAW The claim of entitlement to a TDIU is moot and, therefore, dismissed. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.340, 3.341, 4.3, 4.15, 4.16, 4.18, 4.19. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from September 1966 to April 1969. He served in the Republic of Vietnam and his military decorations include the Combat Infantry Badge (CIB). This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). It was most recently before the Board in June 2021, when it was remanded for further development. Since then, a November 2021 rating decision was issued that granted service connection for generalized pruritis, and assigned a 60 percent rating effective October 16, 2015. As a result of this decision, the Veteran had a combined 100 percent schedular evaluation since October 16, 2015, the entire appellate period. The U. S. Court of Appeals for Veterans Claims has recognized that a 100 percent schedular disability rating 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). Thus, if VA has found a Veteran to be totally disabled due to a particular service-connected disability or combination of disabilities pursuant to the Rating Schedule, there is no need, and no authority, to otherwise rate that Veteran totally disabled on any other basis. See Herlehy v. Principi, 15 Vet. App. 33, 35 (2001) (finding a request for a TDIU moot where a 100 percent schedular rating was awarded for the same period). However, a grant of a 100 percent disability does not always render the issue of TDIU moot. VA's duty to maximize a claimant's benefits includes consideration of whether his disabilities establishes entitlement to special monthly compensation (SMC) at the housebound rate under 38 U.S.C. § 1114 (s), including whether the award of TDIU would provide entitlement to SMC. Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. 280, 294 (2008). SMC may be warranted pursuant to 38 U.S.C. § 1114 (s) if a Veteran has a service-connected disability rated as 100 percent disabling and (1) has an additional service-connected disability or disabilities independently rated at 60 percent or more, or (2) by reason of such service-connected disability or disabilities is permanently housebound. 38 U.S.C. § 1114 (s); 38 C.F.R. § 3.350 (i). Here, the Veteran's service-connected disabilities during the appellate period are neuroma in continuity, right ulnar nerve, rated as 60 percent disabling; generalized pruritis, rated as 60 percent disabling; diabetic cataracts, rated as 50 percent disabling; unspecified trauma- and stressor-related disorder, rated as 30 percent disabling; degenerative arthritis of the spine and lumbar degenerative joint disease, rated as 20 percent disabling; diabetic peripheral neuropathy of the left lower extremity, rated as 20 percent disabling; diabetic peripheral neuropathy of the right lower extremity, rated as 20 percent disabling; diabetes mellitus, type II, with erectile dysfunction, rated as 10 percent disabling; onychomycosis, rated as 0 percent disabling, hypertension, rated as 0 percent disabling, and a prostate condition, rated as 0 percent disabling. As noted previously, he has had a combined 100 percent evaluation for the entire appellate period. The Board finds that while the Veteran has a 100 percent combined schedular rating, he does not have a single service-connected disability rated as 100 percent disabling, nor does he content that any one of his service-connected disabilities render him unable to secure or follow a substantially gainful occupation. Therefore, he does not meet the criteria for entitlement to SMC at the housebound rate. Entitlement to TDIU remains moot and is, therefore, dismissed. Tracie N. Wesner Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Dean, 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.