Citation Nr: 22017095
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 14-39 593
DATE: March 24, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran had active duty in the U.S. Army from July 1987 to January 2000, and on active duty in the Army National Guard from April 2000 to January 2011. 

This matter comes before the Board of Veterans' Appeals (Board) from a September 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Board previously remanded this case in March 2019 and March 2021 for additional development and consideration.  Regrettably, the Board finds that another remand is necessary prior to adjudication of the appeal.  

Discussion

In August 2021, the Board remanded this matter for the issuance of a notice letter, to include (1) a VA Form 21-8940, and (2) a VA Form 21-4192.  The Board directed the Agency of Original Jurisdiction (AOJ) to request that the Veteran fill out these requisite TDIU forms and then submit them back to the AOJ.  A review of the records shows that the AOJ did send these materials to the Veteran in September 2021.  See September 10, 2021 Custom 5103 Notice.  A review of the record fails to disclose that the Veteran provided responsive (completed) forms.  The duty to assist is not wholly the responsibility of VA.  Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).

After the issuance of the December 29, 2021, supplemental state of the case (SSOC), additional VA-developed evidence has been associated with the Veteran's claims file.  The record includes three VA examination reports from March 2022 which address the clinical severity of three service-connected disabilities.  This evidence is relevant to the outcome of the Veteran's TDIU.  To date, the AOJ has not issued a SSOC which addresses this evidence to either the Veteran of his representative, in order to respond to the new medical evidence.  The Veteran has not waived consideration of the pertinent evidence by the AOJ.  Consequently, the appropriate Board action is to remand this issue to the AOJ for issuance of an SSOC.  38 C.F.R. § 19.37(b). 

The matters are REMANDED for the following action:

Provide the Veteran and his attorney an SSOC on the claim for a TDIU.  The SSOC must include notice of all relevant actions taken on the claim, to include a summary of the evidence and applicable laws and regulations considered pertinent to the issue currently on appeal. 

The Board intimates no opinion as to the outcome of the matter.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. J. Komins, 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.