The Veteran seeks TDIU from August 1, 2011 to January 28, 2015 based on service-connected disabilities. However, the combined rating of these conditions does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a). The case is therefore remanded for referral to the VA Director of Compensation and Pension Service for consideration under 38 C.F.R. § 4.16(b).
The deciding factor: The combined rating of the service-connected disabilities does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- posttraumatic stress disorder with depressive features, radiculopathy in the right upper extremity, DDD of the cervical spine, DDD and intervertebral disc syndrome in the lumbar spine, raticulopathy in the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2020
- Citation
- 20034101
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 20034101.
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 Veteran's claim for increased ratings was continuously pursued, and the appellant is eligible to charge agent fees based on past-due benefits awarded in the June 2024 rating decision.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records and procedural issues.
- Dismissed
The Veteran has withdrawn his appeals regarding the increased ratings for tension headaches, degenerative arthritis of the lumbar spine, DDD of the cervical spine, and voiding dysfunction.
- Remanded (sent back)
The Veteran is granted an effective date of December 7, 2018 for the award of service connection for depression with anxiety.,Service connection for radiculopathy in the left lower extremity as secondary to lumbar spine disability is granted. The Board also found that there was a current diagnosis of radiculopathy during the appeal period and remanded for further examination.,The Veteran's claim for service connection for radiculopathy in the right upper extremity, including as secondary to lumbar spine disability and/or left shoulder disability, is remanded. The Board also found that there was a current diagnosis of radiculopathy during the appeal period and remanded for further examination.,The Veteran's claim for service connection for radiculopathy in the left upper extremity, including as secondary to lumbar spine disability and/or left shoulder disability, is remanded. The Board also found that there was a current diagnosis of radiculopathy during the appeal period and remanded for further examination.,The Veteran's claim for an effective date prior to December 9, 2019 for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. chapter 35 is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.