Citation Nr: 24016294
Decision Date: 04/16/24	Archive Date: 04/16/24

DOCKET NO. 19-25 452
DATE: April 16, 2024

ORDER

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed as moot.

FINDING OF FACT

A February 2020 rating decision granted entitlement to a TDIU, effective the original date of the Veteran's claim for benefits.

CONCLUSION OF LAW

The issue of entitlement to TDIU is moot. 38 U.S.C. § 7104; 38 C.F.R. § 20.104.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from December 1968 to September 1970. Unfortunately, the Veteran died during this appeal. The appellant is now the Veteran's surviving spouse. She is continuing the appeal as a substitute for the claimant under the provisions of 38 U.S.C. § 5121A.

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

This case was previously before the Board in April 2020, and May 2023 when it was remanded for additional development. 

Entitlement to a TDIU is dismissed as moot.

In a February 2024 rating decision, the RO granted entitlement to a TDIU and assigned an effective date of March 7, 2017. 

The Veteran's TDIU claim was raised during the course of the appeal for increased rating for PTSD and is therefore part-and-parcel of that claim. The Board notes that the most recent final rating decision dated January 2014 continued the 50 percent rating for PTSD. The Veteran submitted an intent to file on March 7, 2017, and filed his claim for an increased rating for his PTSD on November 27, 2017. Additionally, there was no evidence added to the claims file within a year prior to the Veteran's claim that indicated the Veteran was unemployable. 38 C.F.R. § 3.400(o)(2). 

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The Board acknowledges that in the February 2024 supplemental statement of the case and rating decision, the AOJ stated that March 7, 2017, was assigned as this was the day that the Veteran met the schedular criteria and implied entitlement to a TDIU prior to that date was on appeal. However, as explained above, March 7, 2017, is the date the appeal period commenced, and by chance the date the Veteran met the schedular criteria. As such, the grant of TDIU, effective March 7, 2017, is a full grant of the benefits on appeal. See Rice v. Shinseki, 22 Vet. App. 447 (2009); Harper v. Wilkie, 30 Vet. App. 356 (2018); Payne v. Wilkie, 31 Vet. App. 373 (2019).

As such, the issue has become moot, and the appeal is dismissed.

 

 

D. SMART

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.W., 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.