The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment, except for a brief period prior to August 3, 2013 when he was employed. The TDIU claim is granted from August 3, 2013 onwards.
The deciding factor: The Veteran's service-connected disabilities (including migraines, major depressive disorder, and lumbar and cervical spine disabilities) prevented him from engaging in substantially gainful employment after August 3, 2013. Prior to that date, he was employed but his earnings were below the poverty threshold.
- Claimed conditions
- Status Post Right Inguinal Repair, Major Depressive Disorder, Migraines, Lumbar Spine Disability, Cervical Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148605
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 Veteran was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability due to the need for a more comprehensive medical examination and opinion.
- Partly granted
The Board granted an effective date of April 5, 2018, for the award of service connection for PTSD and denied earlier effective dates for erectile dysfunction, left ear hearing loss, migraines, and other conditions.
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