The Veteran is currently in receipt of the earliest effective date possible on a schedular basis for his TDIU award, which was July 18, 2012. The Board cannot grant an earlier effective date without first determining if extra-schedular consideration is warranted under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's unemployability due to service-connected Multiple Sclerosis prior to July 18, 2012 could potentially serve as the basis for an earlier effective date.
- Claimed conditions
- Multiple Sclerosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 22, 2019
- Citation
- 19165513
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 19165513.
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 service connection for multiple sclerosis, finding that it manifested to a degree of 10 percent or more within seven years of the Veteran's separation from service.
- Remanded (sent back)
The Board denied an earlier effective date for service connection for multiple sclerosis and remanded the claims for increased ratings due to insufficient evidence.
- Remanded (sent back)
The Board remands the claims for further development and to obtain additional evidence.
- Remanded (sent back)
The Board remands the appeal to obtain a medical opinion on whether the Veteran's death was due to multiple sclerosis, which may have been caused by in-service herbicide exposure.
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