Citation Nr: 25013003
Decision Date: 10/16/25	Archive Date: 10/16/25

DOCKET NO. 17-28 373
DATE: October 16, 2025

REMANDED

A total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1976 to October 1980.  This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In September 2021, the Veteran presented testimony at a virtual Board hearing before the undersigned Veterans Law Judge (VLJ).

These issues were previously before the Board in September 2022, April 2023, and September 2024 when they were remanded for further development, that development was completed, and the case has since been returned to the Board for appellate review.

1. A total disability rating based on individual unemployability (TDIU) is remanded.

Remand is required for referral of the claim for a TDIU to the Director, Compensation Service, for extraschedular consideration.

The Veteran has the following disabilities that are service connected: Hepatitis C (rated 20 percent, from October 25, 2013 forward) and tinnitus (rated 10 percent from October 25, 2013 forward).

Based on the forgoing, the Veteran does not meet the percentage standards set forth in § 4.16(a). Therefore, the Board may not consider the Veteran's claim for a TDIU in the first instance but will refer it to the Director, Compensation Service, as there is a reasonable possibility that the Veteran is unemployable by reason of service-connected disabilities. 38 C.F.R. § 4.16(b).  

In September 2021 Board hearing, the Veteran indicated that the Veteran cannot work due to symptoms associated with service-connected disabilities.  Accordingly, remand is required for referral of the claim for a TDIU to the Director, Compensation Service, for extraschedular consideration.

The matters are REMANDED for the following action:

1. The AOJ should refer this case to the Director, Compensation Service, for extraschedular consideration of TDIU pursuant to 38 C.F.R. § 4.16(b).

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Williams, M. E. (BVA)

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.