The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation from October 25, 2016 to September 28, 2017. TDIU is granted for this period. The issue of service connection for dizziness/vertigo as a residual of a traumatic brain injury (TBI) is remanded.
The deciding factor: The Veteran's physical and psychiatric disabilities prevented him from securing or following a substantially gainful occupation during the specified time frame.
- Claimed conditions
- PTSD, lumbar spine degenerative disc disease, right and left lower extremity radiculopathy, right and left upper extremity radiculopathy, cervical intervertebral disc syndrome with degenerative arthritis, tinnitus, chronic left knee strain, right knee arthritis, dry eyes, Allergic rhinitis, scars of the left forearm status post injury/wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 25, 2019
- Citation
- 19148979
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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