The Veteran's attorney argues that a November 16, 1998, VA treatment record constitutes an informal claim for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities. The Board finds the evidence sufficient to grant TDIU from November 16, 1998, to June 27, 2005, based on his service-connected right thigh and groin wound disability. However, as this period falls before March 24, 2015, when a report of examination or hospitalization could be accepted as an informal claim for benefits under 38 C.F.R. § 3.157(b), the Board remands to refer the case to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran’s service-connected right thigh and groin wound disability did not meet the schedular percentage criteria for assignment of a TDIU prior to June 27, 2005. However, his attorney argues that an informal claim was made in November 1998, which is before March 24, 2015.
- Claimed conditions
- residuals of a right thigh and groin wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2018
- Citation
- 18101306
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 18101306.
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
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- Granted
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