The Board has remanded the Veteran's claims for an effective date earlier than August 5, 2008 for TDIU and DEA eligibility due to inextricably intertwined issues. The case is referred to the Director of Compensation Service for adjudication under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's service-connected right lower extremity peripheral neuropathy rendered him unable to secure and follow substantially gainful employment prior to August 5, 2008.
- Claimed conditions
- right lower extremity peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19188321
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19188321.
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 has remanded the claims for service connection due to a duty to assist error, specifically regarding the Veteran's exposure to mercury in dental amalgams and asbestos during service. A VA medical opinion is needed to determine if these exposures are related to his claimed disabilities.
- Dismissed
The appeal concerning earlier effective dates for service connection and disability ratings has been dismissed.,No new evidence or arguments were provided to support the claims.
- Remanded (sent back)
The Veteran's tinnitus is granted service connection. The Board finds the evidence insufficient to grant service connection for diabetes mellitus type II, hypertension, peripheral neuropathy, erectile dysfunction, prostate condition, headaches, IBS, behavioral neurology conditions, and acquired psychological condition due to exposure at Camp Lejeune.
- Remanded (sent back)
The Board has identified a pre-decisional duty to assist error and is remanding the claims for compensation under 38 U.S.C. § 1151 due to the Veteran's claim being raised prior to December 2024, despite not being adjudicated in that decision.
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