Citation Nr: 18123995 Decision Date: 08/03/18 Archive Date: 08/03/18 DOCKET NO. 14-03 796 DATE: August 3, 2018 REMANDED Entitlement to an effective date prior to April 4, 2013, for the grant of a total disability rating based on unemployability due to service-connected disabilities (TDIU) is remanded. Entitlement to an effective date prior to April 4, 2013, for the grant of basic eligibility for Dependents’ Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35 is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1966 to December 1967. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2009 rating decision. In December 2015, the Board remanded the issue of entitlement to a TDIU for further development. In an October 2016 rating decision, the Appeals Management Center (AMC) granted a TDIU effective April 4, 2013 and established basic eligibility to DEA from April 4, 2013. While in an October 2016 supplemental statement of the case the AMC denied entitlement to a TDIU prior to April 4, 2013, the Board notes that the October 2016 rating decision grant of TDIU represents a full grant of the benefit sought. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). In September 2017, through his attorney, the Veteran filed a notice of disagreement as to the effective dates established for TDIU and DEA. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997) (holding that a separate notice of disagreement must be filed to initiate appellate review of “downstream” elements such as effective date assigned for a benefit). Accordingly, the Board finds remand is required to provide a statement of the case on the issues of entitlement to earlier effective dates for TDIU and DEA in light of the Veteran’s timely filing of a notice of disagreement. Manlincon v. West, 12 Vet. App. 238 (1999). The matters are REMANDED for the following action: Issue a statement of the case with respect to the claims of entitlement to effective dates prior to April 4, 2013, for the grant TDIU and DEA benefits under 38 U.S.C. Chapter 35. The Veteran should be advised that a timely substantive appeal must be filed in order to perfect the appeal as to these matters. 38 C.F.R. § 20.302(b). The issue is to be returned to the Board only if it is perfected by a timely substantive appeal. L. CHU Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Leanne M. Innet, Associate Attorney
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
