The Veteran's service-connected conditions, including PTSD and multiple physical disabilities, meet the schedular criteria for a TDIU. However, due to his employment during part of the appellate period, further evidence is needed to determine if his employment constitutes 'substantially gainful employment' or 'marginal employment'.
The deciding factor: The Veteran's employment history needs to be evaluated to determine if it qualifies as substantially gainful employment or marginal employment.
- Claimed conditions
- PTSD, coronary artery disease, left total knee arthroscopy, degenerative arthritis of the spine with degenerative disc disease associated with left total knee arthroscopy, right knee degenerative joint disease with arthritis associated with left total knee arthroscopy, tinnitus, bilateral hearing loss, erectile dysfunction associated with PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20002025
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
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