Citation Nr: 22045409
Decision Date: 08/10/22	Archive Date: 08/10/22

DOCKET NO. 16-22 723
DATE: August 10, 2022

REMANDED

Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) prior to July 10, 2021 is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1998 to March 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from July 2011 and June 2022 rating decisions of a VA Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a March 2020 hearing before the Board of Veterans' Appeals (Board).

In a January 2022 decision, the Board remanded the Veteran's claims for compensable ratings for loss of taste and loss of smell. In a May 2022 rating decision, the RO granted the Veteran's increased rating claims, assigning 10 percent ratings for each disability, effective May 24, 2022. The Veteran has not indicated disagreement with the ratings or effective dates assigned, and 10 percent ratings are the maximum available under the applicable Diagnostic Codes (DC) 6275 and 6276. See 38 C.F.R. § 4.87a DCs 6275 and 6276. Accordingly, the May 2022 rating decision constitutes a complete grant of the benefits sought on appeal for these issues, and the Board will not consider these issues further in this decision.

In the Board's January 2022 decision, the Board also remanded the claim for TDIU. The Board directed the RO to furnish the Veteran with a notice letter and application in conjunction with his TDIU claim and allow him a reasonable period of time in which to respond.

In December 2021, the Veteran submitted a Change of Address form, providing VA with his new address.

From January 2022 to April 2022, the RO sent eight development letters requesting that the Veteran provide the requested information; however, only one of those letters is addressed to the address listed on the December 2021 address. Accordingly, the Board finds that there has not been substantial compliance with its January 2022 decision, and this claim must be remanded again. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following actions:

Furnish the Veteran with a notice letter and application in conjunction with his TDIU claim and allow him a reasonable period of time in which to respond. The Veteran should be requested to provide updated employment information dating back to December 10, 2010. Ensure that all correspondence is sent to the Veteran, at his correct address, and to his representative. The Veteran is reminded that VA's duty to assist is not always a "one-way street" and a Veteran seeking help cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining putative evidence. See Wood v. Derwinski, 1 Vet. App. 190 (1991).

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Hixon, 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.