The Veteran seeks an earlier effective date for a total disability rating based upon individual unemployability (TDIU) prior to May 9, 2008. The Board finds that the combined rating percentage requirements were met during certain periods and not met at other times.
The deciding factor: The VA Under Secretary for Benefits or the VA Director of the Compensation and Pension Service should specifically adjudicate entitlement to a TDIU under 38 C.F.R. § 4.16(b) for the specified periods.
- Claimed conditions
- Posttraumatic stress disorder, Traumatic brain injury, Knee disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2018
- Citation
- 18129024
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. Read the original VA decision (opens in a new tab) using citation 18129024.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's request for reentrance into a VR&E program and retroactive induction for restoration of Chapter 33 (Post-9/11 GI Bill) educational assistance benefits, finding that his service-connected disabilities did not worsen to the extent that he was precluded from performing the work duties of the occupation for which he previously was found rehabilitated.
- Denied
The Veteran's TDIU claim is denied because he is already receiving a combined rating of 100% for his service-connected psychiatric and knee disabilities, which means he is not considered unemployable due to any single disability alone.
- Denied
The Veteran's claim for service connection for major depressive disorder was denied, and her request for an increased rating for PTSD was also denied. The Board found that the Veteran's symptoms did not meet the criteria for a higher disability rating.
- Granted
The Veteran's claim for an earlier effective date of July 10, 2010, for the award of special monthly compensation based on need for regular aid and attendance due to residuals of traumatic brain injury under 38 U.S.C. 1114(t) is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.