Citation Nr: A25035113
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 240805-460674
DATE: April 16, 2025

REMANDED

The claim of entitlement to an effective date earlier than August 31, 2020, for the award of a total disability rating based on individual unemployability (TDIU), is remanded.

The claim of entitlement to an effective date earlier than August 31, 2020, for the award of basic eligibility to Dependents' Educational Assistance (DEA), is remanded.

REASONS FOR REMAND

In October 2020, the Veteran retired from the U.S. Navy after over 20 years of active duty.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2023 rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).

In August 2024, the Veteran filed a VA Form 10182, notice of disagreement, against the decision.  He elected direct Board review.  See 38 C.F.R. § 20.301.   

A remand is warranted based on a duty to assist error.  See 38 C.F.R. § 3.159 (c) (4).  

In September 2023, the Board granted entitlement to a TDIU.  In the rating decision on appeal, the RO assigned a TDIU effective in August 2020.  The Veteran asserts that the effective date for the TDIU should be earlier.  In particular, he states that the date should be no later than April 2019, inasmuch as he has not been employed gainfully since then.  

The Veteran has not met the criteria for an award of a TDIU on a schedular basis prior to August 2020.  See 38 C.F.R. § 4.16 (a).  However, as his attorney has argued, a TDIU may have been warranted on an extraschedular basis prior to August 2020.  See 38 C.F.R. § 4.16 (b).  

A remand is warranted for additional inquiry into this matter.  

The matters are REMANDED for the following action:

Refer the claim of entitlement to a TDIU prior to August 31, 2020 to the Director, Compensation Service.  

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher McEntee

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.