The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was initially denied, but granted effective July 1, 2011. The Board previously awarded an effective date of June 2, 2009. However, the CAVC vacated this decision and ordered that TDIU be granted with an earlier effective date prior to June 2, 2009. The case is now remanded for further consideration by VA's Compensation Service.
The deciding factor: The Board previously determined that the earliest date at which the Veteran’s disabilities meet the schedular rating requirements for TDIU was June 2, 2009. However, the CAVC found this decision to be incorrect and ordered an earlier effective date prior to June 2, 2009.
- Claimed conditions
- Total Disability Rating Based on Individual Unemployability (TDIU)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2019
- Citation
- 19134294
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19134294.
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.
- Dismissed
The Board dismissed the appeal for an earlier effective date than March 23, 2023 for TDIU as it was previously adjudicated in a previous decision.
- Remanded (sent back)
The Veteran's claims for effective dates prior to October 26, 2016, for TDIU and SMC based on housebound criteria are being remanded due to a duty-to-assist error. The Board finds that VA did not obtain relevant Social Security Administration (SSA) records which could be pertinent to the claims.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has remanded the case for further development regarding the Veteran's work history and SSA disability records.
- Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
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.