Citation Nr: 22015063
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 11-02 121
DATE: March 16, 2022

REMANDED

A total disability rating based upon individual unemployability (TDIU) prior to April 1, 2009, is remanded.

REASONS FOR REMAND

The Veteran had active service from January 1976 to February 1976. 

The Board last remanded this appeal in November 2018, to include the issues of entitlement to increased ratings for left and right knee disabilities, service connection for depression, a TDIU, and financial assistance in the purchase of an automobile or other conveyance and necessary adaptive equipment, or adaptive equipment only.

Subsequently, in a November 2021 rating decision, the Agency of Original Jurisdiction (AOJ) granted the issue of entitlement to service connection for other specified depressive disorder, with anxious distress, a full grant of benefits sought as to that issue.  Additionally, the AOJ granted entitlement to a TDIU, effective April 1, 2009.

In December 2021, the Veteran filed a higher level review request in response to the November 2021 Supplemental Statement of the Case, opting the issues of increased ratings for left and right knee disabilities, and financial assistance in the purchase of an automobile or other conveyance and necessary adaptive equipment, or adaptive equipment only, into the modernized review system, also known as the Appeals Modernization Act (AMA).

A TDIU prior to April 1, 2009, is remanded.

In November 2021, the claim for a TDIU was granted, effective April 1, 2009. The Board notes that the appeal period for this claim began prior to this date, in August 2006. Therefore, this period of time is still on appeal for consideration of a TDIU. As such, a supplemental statement of the case must be issued prior to Board adjudication of this matter.

The matters are REMANDED for the following action:

Issue a supplemental statement of the case with regard to the issue of entitlement to a TDIU prior to April 1, 2009.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

R. Erdheim, Attorney for the Board	Department of Veterans Affairs

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.