The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities is remanded for further development. The Veteran has met the percentage requirements under 38 C.F.R. § 4.16(a) for consideration of a schedular TDIU from August 1, 2011. However, the evidence is insufficient to fairly decide his claim due to lack of information on the combined impact of all service-connected disabilities.
The deciding factor: The Veteran's major depressive disorder was last evaluated in February 2013 and there is no comment or elaboration on its functional impacts. The VA examiner at March 2018 found that tension headaches do not impact his ability to work despite the Veteran’s reports of frequent headaches.
- Claimed conditions
- Major depressive disorder, Tension headaches, TMJ (temporomandibular joint) disorder, Peripheral vestibular disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19186531
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 initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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