Citation Nr: 22017184
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 20-10 393
DATE: March 24, 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 September 1960 to August 1979.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

In February 2021, the Veteran testified before the undersigned Veterans Law Judge.  A copy of the transcript is of record. The appeal was remanded in April 2021 for further development; there has been substantial compliance with remand directives.  

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c).

Entitlement to a TDIU is remanded. 

Although further delay is regrettable, a remand is necessary to ensure that due process is followed.

In January 2022 and in February 2022, additional pertinent evidence was obtained by VA and added to the claim file. This evidence consisted of VA vocational and rehabilitation records (VRE).  In a January 2022 letter, the Board contacted the Veteran to determine whether he was willing to waive initial RO consideration of this evidence and informed him that he had 45 days from the date of the letter to respond.  To date, the Veteran has not responded to the letter.  Therefore, the appeal must be remanded for initial RO consideration and a supplemental statement of the case (SSOC).  38 C.F.R. §§ 19.31, 19.37.

The matter is REMANDED for the following action:

Review the evidence associated with the claims file since the issuance of the November 2021 SSOC and issue an SSOC unless the benefit sought is granted in full.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.