The Board has denied the Veteran's claim for an earlier effective date for TDIU prior to May 8, 2001. The case is being remanded for further action by the Director of Compensation Service.
The deciding factor: The Board found that the Veteran met the schedular criteria for a TDIU from May 8, 2001 but was precluded from granting TDIU on an extraschedular basis in the first instance. The case is being referred to the Director of Compensation Service for further review.
- Claimed conditions
- asbestosis, diabetic renal disease, diabetes mellitus type 2 with bilateral diabetic retinopathy and erectile dysfunction, residuals of excision of the eleventh rib and scar right chest, peripheral neuropathy of the right and left lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2020
- Citation
- 20006935
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 lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
- Granted
The Board granted service connection for asbestosis, finding that the Veteran's exposure to asbestos in service caused his condition.
- Partly granted
The Board denied a disability evaluation in excess of 30 percent for asbestosis and remanded the claim for service connection for obstructive sleep apnea (OSA). An increased rating to 60 percent was granted effective April 10, 2025.
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