The Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need to refer the case to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran did not meet the schedular criteria for TDIU in June 2005, but his service-connected disabilities may have rendered him unemployable based on medical evidence and SSA decision. The AOJ committed a pre-decisional duty to assist error by not referring the claim for extraschedular consideration.
- Claimed conditions
- Low back strain, PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 15, 2020
- Citation
- A20005645
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 A20005645.
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 of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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