The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability is being remanded due to the need for additional development and consideration of referral to the Director of Compensation and Pension Service.
The deciding factor: The RO did not consider the applicability of 38 C.F.R. § 4.16(b) regarding extra-schedular ratings, which may be applicable given the veteran's unemployability due to service-connected disabilities.
- Claimed conditions
- anxiety reaction, chronic post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2004
- Citation
- 0431172
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0431172.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's acquired psychiatric disabilities, including bipolar disorder, PTSD, MDD with psychotic features, depression, anxiety, alcohol use disorder, tobacco use disorder, and psychosis are found to have begun during service or be related to in-service events. The claims for sleep disturbances and bilateral eye disabilities are remanded.
- Granted
The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which is granted for special monthly compensation.
- Dismissed
The Board denied the Veteran's motions to reverse or revise prior rating decisions on grounds of clear and unmistakable error (CUE), finding no such errors in the March 1971 and August 2004 decisions.
- Denied
The Veteran's claim for accrued benefits was denied because there was no pending claim at the time of his death, and the appellant did not file an informal claim or intent to apply for increased compensation for a service-connected condition.
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