Citation Nr: A25049335 Decision Date: 06/04/25 Archive Date: 06/04/25 DOCKET NO. 220912-275957 DATE: June 4, 2025 ISSUES 1. Entitlement to a total disability rating based on individual unemployability (TDIU). 2. Entitlement to special monthly compensation (SMC) based on housebound prior to October 18, 2021. ORDERS Entitlement to a TDIU is moot and is DISMISSED. Entitlement to SMC based on housebound prior October 18, 2021, is DENIED. FINDINGS OF FACT 1. For the entire period on appeal, the Veteran was in receipt of a 100 percent schedular rating for a single disability. 2. Prior to October 18, 2021, while the Veteran had a 100 percent disability rating for a single disability, he did not have an additional disability or disabilities independently rated as 60 percent disabling. CONCLUSIONS OF LAW 1. Entitlement to a TDIU is moot and the appeal is dismissed. 38 U.S.C. § 1155; 38 C.F.R. § 3.340, 3.341, 4.3, 4.16. 2. The criteria for SMC prior to October 18, 2021, have not been met. 38 U.S.C. §§ 1114, 5107; 38 C.F.R. § 3.350. FACTUAL AND PROCEDURAL HISTORY The Veteran served on active duty in the United States Air Force from April 1975 until April 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2022 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In the September 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the July 2022 RO decision, and any evidence submitted within 90 days of the VA Form 10182. 38 C.F.R. § 20.301. If evidence was submitted either (1) during the period after the RO issued the decision, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this Decision. The Board has reviewed all evidence of record regardless of whether it is discussed in detail in the Decision. See Newhouse v. Nicholson, 497 F.3d 1298, 1302 (Fed. Cir. 2007) (holding the Board must only discuss the evidence which is relevant to the issues on appeal). REASONS AND BASES FOR THE FINDINGS AND CONCLUSIONS I. Legal Criteria - TDIU & SMC A TDIU may be assigned where the schedular rating is less than total. A separate TDIU rating predicated on a veteran's 100 percent rated disability, however, would be impermissible pyramiding. Bradley v. Peake, 22 Vet. App. 280, 294 (2008). The United States Court of Appeals for Veterans Claims has recognized that a 100 percent rating under the Schedule for Rating Disabilities means that a veteran is totally disabled. Holland v. Brown, 6 Vet. App. 443, 446 (1994) (citing Swan v. Derwinski, 1 Vet. App. 20, 22 (1990)). Thus, if VA has found a veteran to be totally disabled because of a particular service-connected disability or combination of disabilities pursuant to the Rating Schedule, there is no need, and no authority, to otherwise rate that veteran totally disabled on any other basis. Locklear v. Shinseki, 24 Vet. App. 311, 318 n.2 (2011); Herlehy v. Principi, 15 Vet. App. 33, 35 (2001) (finding a request for TDIU moot where a 100 percent schedular rating was awarded for the same period). However, a grant of a 100 percent disability does not always render the issue of TDIU moot. The duty to maximize a veteran's benefits includes consideration of whether his disabilities establish entitlement to SMC under 38 U.S.C. § 1114. Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. 280, 294 (2008). SMC is payable at the housebound rate if the veteran has a service-connected disability rated as total and has additional service-connected disabilities independently ratable at 60 percent or more. 38 U.S.C. § 1114(s). A separate award of TDIU predicated on a single disability may form the basis of an award of SMC. Bradley, 22 Vet. App. at 294. II. Analysis - TDIU This appeal began with a January 4, 2018 claim for service connection for depressive disorder. The claim was initially denied, and continuously pursued by the Veteran until service connection was granted in an August 2021 rating decision and assigned a 30 percent rating. The Veteran filed a claim for an increased rating on March 10, 2022. The issue of TDIU was raised by the record and became part and parcel of the increased rating claim. Rice v. Shinseki, 22 Vet. App. 447, 455 (2009). The July 2022 rating decision on appeal denied an increased evaluation for depressive disorder. The Veteran filed a request for Higher-Level Review (HLR) in August 2022 and a VA Form 10182 in September 2022. A November 2022 HLR rating decision was then issued, increasing his disability evaluation for depressive disorder to 100, effective January 4, 2018. Therefore, the Veteran now has a 100 percent rating for the entire period on appeal, effective January 4, 2018, the date of claim. Because the Veteran's service-connected psychiatric disability is now rated as 100 percent disabling, on a schedular basis, a separate TDIU rating predicated on the Veteran's psychiatric disability would be impermissible pyramiding. Bradley, 22 Vet. App. at 294. Since there is no need or authority to rate the Veteran totally disabled on any other basis, the Board finds that the Veteran's claim for entitlement to TDIU is moot and is dismissed. Locklear, 24 Vet. App. at 318 n.2; Herlehy, 15 Vet. App. at 35. III. Analysis - SMC The Veteran has been granted SMC under 38 U.S.C. § 1114(s) from October 18, 2021. However, as the Veteran has been awarded a 100 percent schedular rating for his depressive disorder for the entire period on appeal, beginning January 4, 2018, consideration must be given for whether he is eligible for SMC prior to October 18, 2021 as well. As discussed above, SMC is payable at the housebound rate where the veteran has a single service-connected disability rated as 100 percent disabling and, in addition, (1) has a service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or (2) is permanently housebound by reason of service-connected disability or disabilities. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i). Here, for the period between January 4, 2018 and October 18, 2021, the Veteran has a 100 percent schedular rating for his depressive disorder; however, he does not have an additional service-connected disability or disabilities independently ratable at 60 percent or more. The RO has awarded SMC effective October 18, 2021, the date that the remainder of his service-connected disabilities were independently ratable at 60 percent. Accordingly, the Board concludes that an award of SMC due to being housebound is not warranted prior to October 18, 2021. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i); Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). STEVEN V. ADLER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Yacoub, 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.