Citation Nr: 22013734
Decision Date: 03/10/22	Archive Date: 03/10/22

DOCKET NO. 15-06 518
DATE: March 10, 2022

REMANDED

Entitlement to an extraschedular TDIU from June 4, 2012, to January 31, 2020, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from June 1981 to December 1999.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

The Board remanded the appeal for further development in January 2020 and October 2020.

In a November 2021 rating decision, the RO granted a schedular TDIU from January 31, 2020.

In December 2021, the Board was notified that the Veteran's previous attorney had died.  Since that time, the Veteran has not appointed new representation via VA Form 21-22; thus, the Board will proceed with adjudication of his claim as a pro se claimant.

The issue of TDIU remains in appellate status from June 4, 2012, in conjunction with the increased rating claim for his back disability.  See Harper v. Wilkie, 30 Vet. App. 356 (2018).  As noted above, the RO granted a schedular TDIU from January 31, 2020. Recently obtained evidence is sufficient to substantiate a reasonable possibility that the Veteran is unemployable due to his service-connected disabilities.  See, e.g., September 2021 QTC Addendum; Ray v. Wilkie, 31 Vet. App. 58, 66 (2019).  Thus, as the Veteran does not meet the schedular criteria for a TDIU prior to January 31, 2020, and the Board cannot make an extraschedular determination in the first instance, remand for referral for extraschedular TDIU consideration is warranted.  

The matters are REMANDED for the following action:

Refer the issue the issue of entitlement to an extraschedular TDIU from June 4, 2012, to January 31, 2020, to the Director of Compensation Service.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Asante, Ruby

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.