The Board has denied an earlier effective date for a 70% rating for PTSD, finding that the Veteran did not meet the schedular threshold for consideration of a TDIU at the time he filed his claim in March 2008. The Board also found it not factually ascertainable that his PTSD increased in severity so as to warrant a 70% rating within the year prior to the receipt of his March 17, 2008, claim.,The Board has remanded the issue of service connection for peripheral neuropathy of the right foot. The Veteran's peripheral neuropathy is not presumed related to herbicide exposure and there is no evidence of a continuity of symptomatology within one year of separation from service. However, the examiner should consider whether alcohol abuse may have contributed to the development of the condition.
The deciding factor: The Board found that the Veteran did not meet the schedular threshold for consideration of a TDIU at the time he filed his claim in March 2008 and thus could not be granted an earlier effective date.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Peripheral neuropathy of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005936
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 a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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