Citation Nr: 24012173
Decision Date: 03/15/24	Archive Date: 03/15/24

DOCKET NO. 20-27 553
DATE: March 15, 2024

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) prior to December 16, 2017, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1988 to February 1989, from April 1989 to February 1990, and from January 1991 to March 1991.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision by the Department of Veterans Affairs (VA).  

The Veteran was initially granted TDIU effective March 21, 2018.  In May 2020  the Veteran was granted an earlier effective date of December 16, 2017, for the grant of TDIU.  Because this constitutes only a partial grant of the benefit sought on appeal, the issue remains on appeal before the Board.

Entitlement to TDIU prior to December 16, 2017.

The Veteran seeks entitlement to TDIU prior to December 16, 2017.  The Veteran is currently pursuing a claim for a rating in excess of 50 percent for PTSD prior to December 16, 2017.  The Veteran's claim for an increased rating was opted into the modernized review system, also known as the Appeals Modernization Act (AMA), via a January 2024 VA Form 10182, Decision Review Request: Board Appeal.  The current issue on appeal is inextricably intertwined with the pending claim of entitlement to an increased rating for PTSD which was opted into the AMA system.  As such, adjudication of this issue must be deferred until the appeal for an increased rating for PTSD has been decided. 

The matter is REMANDED for the following action:

1. Readjudicate the issue of entitlement to an earlier effective date for a TDIU after the appeal for an increased rating for PTSD has been decided.

2. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures. 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dvorak, James T.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.