The Veteran's claim for earlier effective dates for 20 percent ratings for peripheral neuropathy of the right and left upper extremities, as well as a 70 percent rating for PTSD prior to December 9, 2011, is being remanded due to procedural issues.,The Veteran's claim for an earlier effective date for TDIU (Total Disability Rating Based on Individual Unemployability) prior to December 9, 2011, is also being remanded.
The deciding factor: There are no clear and unmistakable errors in the original rating decisions that would allow for retroactive adjustments. The effective dates must be based on when entitlement arose or when the claim was received, whichever is later.,The Veteran's TDIU claim is also being remanded as there are procedural issues with determining an earlier effective date.
- Claimed conditions
- Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left upper extremity, Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2018
- Citation
- 18121520
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 18121520.
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 is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Granted
The Veteran's claim for an initial 70 percent rating for service-connected peripheral neuropathy of the right upper extremity is granted. The Board also remanded the issue of entitlement to SMC based on a need for aid and attendance.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
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