The Veteran's appeal is being remanded due to the submission of a TDIU claim during the course of his PTSD appeal. The case will be returned for all relevant documents and evidence to be associated with the claims file, including VA mental health treatment records since July 2009 from Upstate New York VA Healthcare System, and for clarification on the type of hearing requested.
The deciding factor: The Veteran raised a claim for TDIU during the course of his PTSD appeal. The Court held that such a claim is part of an increased rating claim when raised by the record. Therefore, both claims are being remanded to ensure all relevant documents and evidence are considered.
- Claimed conditions
- Posttraumatic Stress Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2009
- Citation
- 0937516
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 0937516.
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
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
- Denied
The Veteran's claim for a higher rating for PTSD with alcohol use disorder was denied, and he was granted a TDIU. The Board found that the symptoms did not meet criteria for a 100% disability rating.
- Partly granted
The Veteran's claim for service connection for an acquired psychiatric disorder, including Posttraumatic Stress Disorder and Major Depressive Disorder with Insomnia Disorder, was granted. The effective date is set at October 25, 2022.
- Granted
The Veteran's PTSD has been granted a 70% rating effective March 25, 2024. The Board found that the increase in severity of his disability warranted this rating.
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