The Veteran is granted a TDIU on a schedular basis from June 21, 2013 due to his service-connected right knee disability and PTSD with depression.,The Veteran's claim for an initial rating in excess of 70 percent for PTSD with depression from June 8, 2019 is remanded. The issue of a TDIU on an extra-schedular basis prior to June 21, 2013 is also remanded.,The Veteran's claim for a TDIU on an extra-schedular basis prior to June 21, 2013 is referred to the Director, Compensation Service for consideration.
The deciding factor: The Veteran’s service-connected right knee disability and PTSD with depression precluded him from maintaining substantially gainful employment due to his inability to stand or walk for more than 30 minutes and pain with weightbearing on his right knee.,The evidence of record shows that the Veteran has not been substantially gainfully employed since 2009, in part, due to his service-connected bilateral foot disability and bilateral knee disabilities. The June 2019 VA examination results would apply to a period prior to June 21, 2013.,The criteria for referral to the Director, Compensation Service, for an extraschedular rating are met as the Veteran has not been substantially gainfully employed due to his service-connected bilateral foot and knee disabilities.
- Claimed conditions
- PTSD with depression, Degenerative arthritis and patellofemoral syndrome of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2020
- Citation
- 20029695
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 20029695.
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
For the period prior to October 29, 2021, SMC under 38 U.S.C. § 1114(s) based on housebound status is denied.,For the entire appeal period, SMC under 38 U.S.C. § 1114(l) based on need of regular aid and attendance is granted.
- Granted
The Veteran's service-connected disabilities, including PTSD, sleep apnea, and various musculoskeletal conditions, have resulted in a combined rating of 100 percent. The Board has granted SMC at the M-rate due to his need for special aid and attendance.
- Denied
The Board denied entitlement to earlier effective dates for a TDIU and DEA benefits, as the evidence did not show that the Veteran was unable to secure or follow a substantially gainful occupation prior to May 28, 2010.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as there was insufficient evidence to establish that his service-connected conditions rendered him unable to secure and follow a substantially gainful occupation.
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