The Veteran is seeking an earlier effective date for his total disability rating based on individual unemployability (TDIU) prior to May 22, 2006. The Board has determined that the case must be remanded so that it can be referred to the Director of Compensation Service for consideration of an extraschedular TDIU rating from July 18, 2004 to May 22, 2006.
The deciding factor: The Veteran's claim for earlier effective date for TDIU is remanded due to the need to refer it to the Director of Compensation Service for consideration of an extraschedular disability rating under 38 C.F.R. § 4.16 (b).
- Claimed conditions
- diabetes, peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125599
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 Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Partly granted
The Board denied service connection for dermatochalasis, meibomian gland dysfunction, and blepharitis. The claims for lumbosacral strain, left lower extremity radiculopathy (sciatic nerve), right shoulder tendinopathy, diabetes, and prostate cancer with urinary incontinence status-post prostatectomy were remanded.
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