Citation Nr: 22016570
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 19-00 509
DATE: March 22, 2022

REMANDED

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), prior to March 15, 2017, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1978 to July 1990.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a November 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2021, the Veteran presented testimony before at a hearing before the undersigned Veterans Law Judge.  A transcript is on record.

In December 2021, the Board remanded this matter for additional development.

Entitlement to a TDIU, prior to March 15, 2017, is remanded.

After receiving this case on remand for extra-schedular consideration, the Director of the Compensation Service issued a January 2022 administrative decision, denying the Veteran's claim for an extra-schedular TDIU.  The Director found that "Although there are limitations due to the Veteran's back condition, the preponderance of the evidence does not show that the service-connected condition prohibits the Veteran from obtaining or maintaining gainful employment."  In correspondence received March 2022, the Veteran's representative stated that although the Director noted consideration of the Veteran's June 2003 Social Security Administration (SSA) decision, the January 2022 administrative decision did not include consideration of the Veteran's entire SSA records.  Additionally, the Veteran's representative noted that in determining that the Veteran was unable to perform substantial gainful employment, the Director failed to discuss consideration of the June 2003 SSA decision.

Accordingly, on remand, the case should be returned to the Director, Compensation and Pension Service, for a new opinion as to whether the Veteran is entitled to TDIU, prior to March 15, 2017, on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b).

The matter is REMANDED for the following action:

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Return the record to the Director of the VA Compensation and Pension Service, for a new opinion as to whether the Veteran is entitled to TDIU, prior to March 15, 2017, on an extraschedular basis pursuant to 38 C.F.R. § 4.16(b).

The Director of the VA Compensation and Pension Service is asked to address the Veteran's SSA records, to include the June 2003 decision.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Griffith, Shari

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.