Citation Nr: 22014891
Decision Date: 03/15/22	Archive Date: 03/15/22

DOCKET NO. 16-11 016
DATE: March 15, 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 July 1967 to June 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a June 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran was scheduled for a February 2019 Board videoconference hearing. However, in January 2019, he informed VA that he wished to withdraw his hearing request. As such, the hearing request is considered withdrawn, and the Board may proceed with the appeal.

The Board observes that VA examinations and treatment records which are relevant to the Veteran's claim for TDIU have been added to the record since the Agency of Original Jurisdiction (AOJ) last adjudicated the claim in a February 2016 Statement of the Case. Under 38 C.F.R. § 20.1305(c), any pertinent evidence submitted without a waiver is to be referred to the AOJ. As no waiver has been received, the Board is remanding this case for AOJ review of the additional evidence.

The matter is REMANDED for the following action:

Readjudicate the claim of entitlement to a TDIU based on the entirety of the evidence. If any relief sought remains denied, the Veteran and his representative should be issued a Supplemental Statement of the Case.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.