Citation Nr: 22018255
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 20-04 830
DATE: March 28, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from July 1967 to July 1970.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c).  38 U.S.C. § 7107(a)(2).

Entitlement to TDIU.

The Board finds that the case must be remanded for the issuance of a supplemental statement of the case (SSOC) pursuant to 38 C.F.R. §§ 19.31, 19.37.  Here, the RO issued a statement of the case (SOC) in January 2020 and the case was transferred to the Board in May 2020.  Relevant evidence, in the form of January 2020 VA treatment records and a January 2020 VA examination, was added to the claims file prior to the transfer of the case to the Board.  38 C.F.R. § 19.37(a).  Additionally, relevant evidence, in the form of December 2021 and March 2022 VA treatment records, was added to the claims file after the case was transferred to the Board.  38 C.F.R. § 19.37(b).

The Board finds that this evidence is relevant as it is not cumulative, but rather it shows the current severity of symptoms of service-connected disabilities not considered in the January 2020 SOC.  38 C.F.R. § 19.31(b).  The January 2020 VA examination showed that the Veteran's bilateral neuropathy worsened, and was the basis for the increase in rating to 40 percent for each extremity.  The January 2020 VA treatment records show that, during a psychology appointment, the Veteran reported that he cannot be around crowds or people.  The December 2021 and March 2022 VA treatment records contain assessments of the Veteran's independence in activities of daily living, and the March 2022 VA treatment records show that the Veteran reported falling eight to nine times with the last 90 days.  

As the agency of original jurisdiction (AOJ) has not considered this relevant evidence and there is no waiver of initial consideration by the AOJ, remand is required for the AOJ to consider the evidence in the first instance.

(Continued on the next page)

 

Accordingly, the matter is remanded for the following action:

Send the Veteran and his representative a supplemental statement of the case (SSOC) that addresses the additional relevant evidence added to the claims file since the January 2020 statement of the case (SOC).  Provide the Veteran and his representative an opportunity to respond and, if necessary, return the case to the Board for further appellate review.

 

 

Rebecca N. Poulson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Thaddaeus J. Cox, 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.