The Veteran's right shoulder disability has not been rated higher than 20 percent, and he is granted TDIU prior to May 18, 2011.,An earlier effective date for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is remanded due to the intertwined nature with the TDIU issue.
The deciding factor: The Veteran's right shoulder disability does not meet the criteria for a higher rating, and he was granted TDIU prior to May 18, 2011. The effective date claim for DEA is remanded as it is intertwined with the TDIU issue.
- Claimed conditions
- right shoulder tendonitis, posttraumatic stress disorder, chronic diarrhea, lumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2019
- Citation
- 19150567
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 claims for service connection for chronic diarrhea, headaches, and neck pain for initial adjudication on the merits by the AOJ.
- Dismissed
The appeal for a temporary total evaluation because of hospital treatment in excess of 21 days for service-connected posttraumatic stress disorder was withdrawn by the Veteran's representative and is therefore dismissed.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Granted
The Board granted an increased (Level 2) stipend in the PCAFC for the Veteran's caregiver due to the need for continuous supervision and protection based on the Veteran's medical conditions.
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