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Extraschedular defined

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Berta

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This type  of VA case law pops up here from time to time-

Maybe this will help:

In part:

"In its directives, the Board specifically instructed that the Regional Office: (1) refer the extraschedular lumbar spine disability claim, for an opinion, to the Direct of Compensation and Pension Service, for the period prior to February 27, 1998; and (2) refer the extraschedular TDIU claim, for an opinion, to the Director of Compensation and Pension Service, for the period prior to February 27, 1998. 

Although the Regional Office obtained the requisite opinion for the extraschedular TDIU claim for the period prior to February 27, 1998, it, however, did not obtain an opinion from the Direct of Compensation and Pension Service for the extraschedular lumbar spine disability claim.  

A Board remand confers on the Veteran, as a matter of law, the right to substantial compliance with the remand order.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  Thus, as the Regional Office did not substantially comply with prior Board remand directives, a remand is required for substantial compliance with the February 2021 Board remand directives, and specifically, obtaining the outstanding opinion for the extraschedular lumbar spine disability from the Director of Compensation and Pension Service.

As the extraschedular TDIU claim is intertwined with the extraschedular lumbar spine disability claim, the extraschedular TDIU issue is also remanded, pending the Director of Compensation and Pension Service's findings and the outcome of the extraschedular lumbar spine disability claim.   See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that where a claim is inextricably intertwined with another claim, the claims must be adjudicated together). "

https://www.va.gov/vetapp21/Files8/21049366.txt   

 

 

 

 

 

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