The Board has determined that the January 21, 2000 rating decision granting a TDIU and assigning an effective date of July 14, 1998 was not clearly and unmistakably erroneous. The issues of increased disability rating for bipolar disorder in excess of 50 percent and entitlement to special monthly compensation by reason of being housebound are remanded.
The deciding factor: The Board found that the January 21, 2000 rating decision did not err in assigning an effective date of July 14, 1998 for the grant of a TDIU as there was evidence indicating the Veteran's unemployability was due to both physical symptoms resulting from AIDS and mental health symptoms resulting from bipolar disorder.
- Claimed conditions
- Bipolar Disorder, AIDS (now acquired immune deficiency syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100201
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 the Veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including bipolar disorder.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability, including PTSD and bipolar disorder, to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the case for a new examination with an addendum opinion to address whether the Veteran's acquired psychiatric disorders are related to service.
- Denied
The Board denied a rating in excess of 70 percent for PTSD and remanded the issue of entitlement to TDIU.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.