Citation Nr: 18131268
Decision Date: 08/31/18	Archive Date: 08/31/18

DOCKET NO. 06-10 049
DATE:	August 31, 2018
REMANDED
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1970 to September 1971.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision.  The Veteran testified at a Board hearing in October 2017.  In February 2018, the Board remanded this matter for readjudication.  At the time, the Veteran was represented (for purposes of his TDIU claim) by a private attorney.  He has since revoked the power of attorney for that private attorney and is currently represented by DVA for all issues on appeal, to include multiple issues remanded by the Board in a separate February 2018 decision.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
In February 2018, the Board remanded the issues of higher ratings for the service-connected diabetes mellitus type 2 and peripheral neuropathy of the upper extremities, along with multiple issues of service connection.  These issues are presently at the agency of original jurisdiction (AOJ) level, awaiting development.  As such, the Board must defer adjudication of the Veteran’s TDIU claim until after the development for those issues has been completed and those issues have been readjudicated.
The Board also notes that, in May 2018, the Veteran’s representative submitted a Mental Disorder DBQ, also from May 2018.  This evidence is relevant to the Veteran’s TDIU claim.  See 38 C.F.R. § 4.130, General Rating Formula for Mental Disorders. As such, the RO should review the May 2018 DBQ and conduct any development that it deems necessary to determine the functional impairment caused by the Veteran’s service-connected mental health disability.
The matter is REMANDED for the following action:
1. Review the May 2018 DBQ for mental disorders and conduct any development deemed necessary to determine the current functional impairment caused by the Veteran’s service-connected mental health disability.
2. Defer adjudication of the Veteran’s TDIU claim until after the development for the other issues remanded by the Board in February 2018 has been completed and those issues have been readjudicated.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. López, Associate Counsel

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency


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