The Veteran's claim for an earlier effective date for the award of a Total Disability Rating due to Individual Unemployability (TDIU) is being remanded. His service connection claim for a back disorder is also being remanded.
The deciding factor: Retrospective medical opinion needed to determine when the Veteran became unemployable due solely to his service-connected disabilities prior to September 27, 1997.
- Claimed conditions
- hypertensive cardiovascular disease with nephrosclerosis, diabetes mellitus with retinopathy, skin disorder to include acne, hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2010
- Citation
- 1032612
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 1032612.
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.
- Denied
The Board denied service connection for chronic kidney disease, atrial fibrillation, hiatal hernia, COPD, and prostate cancer as a result of toxic exposure during the Veteran's military service.
- Partly granted
The Board granted a 30 percent disability rating for GERD and hiatal hernia, effective March 31, 2020, but denied an earlier effective date and a higher initial rating.
- Partly granted
The Board granted service connection for hiatal hernia but denied it for obstructive sleep apnea.
- Denied
The Board denied service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), hiatal hernia, stage 3 chronic kidney disease, varicose veins of the right lower extremity, and varicose veins of the left lower extremity as there was no evidence to support a nexus between these conditions and the Veteran's service.
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