The Board has remanded both claims of entitlement to an earlier effective date for TDIU and SMC based on the need for regular aid and attendance due to dependency with other pending claims.
The deciding factor: Both claims are dependent on the outcome of the initial rating decisions for right and left knee disabilities, which have not been recertified to the Board.
- Claimed conditions
- Right and left knee disabilities, Major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2019
- Citation
- 19130688
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 initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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