The Board has vacated its decision regarding an earlier effective date for the finding of basic eligibility for DEA benefits and will reconsider this issue as if the previous April 28, 2020 Board decision had never been issued. The TDIU claim is remanded to determine whether it should be granted on an extraschedular basis prior to December 6, 2010.
The deciding factor: The Veteran's service-connected psychiatric disability caused her to be unable to gain or maintain substantially gainful employment within one year prior to the receipt of her TDIU claim. However, she did not meet the schedular requirements for a grant of TDIU at that time.
- Claimed conditions
- Psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2020
- Citation
- 20037026
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 20037026.
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.
- Denied
The Board denied the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.
- Denied
The Veteran's psychiatric disability is currently rated at 30 percent, which is the lowest possible rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were intermittent and did not significantly impair his occupational or social functioning.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Dismissed
The Veteran's service-connected psychiatric disability has been rated at 100 percent, and he is already receiving special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s). Therefore, there remains no issue for the Board to resolve regarding entitlement to Total Disability due to Individual Unemployability (TDIU).
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