The Board has granted a TDIU effective October 23, 2008. However, the Veteran's claim for an earlier effective date is remanded to determine if he was unemployable due to service-connected disabilities prior to that date.
The deciding factor: The Veteran meets the schedular criteria for a TDIU from October 23, 2008 but was unemployed and unemployable due to his service-connected disabilities since at least 1997.
- Claimed conditions
- residuals of head trauma other than posttraumatic headaches, posttraumatic headaches, subtalar and degenerative changes of right ankle, subtalar and degenerative changes of left ankle, left foot calluses, right foot calluses
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2020
- Citation
- 20051312
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 20051312.
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 Veteran's posttraumatic headaches are currently rated at the highest schedular rating (50%) and no higher, as his symptoms do not meet or approximate the criteria for a higher evaluation. The appeal is denied.
- Denied
The Veteran's application for special monthly compensation at the (r)(1) rate was denied as he did not meet the criteria for this level of SMC based on his service-connected disabilities and need for regular aid and attendance.
- Denied
The Board denied a rating higher than 50 percent for posttraumatic headaches and a rating higher than 70 percent for PTSD with TBI.
- Denied
The Board denied the Veteran's claim for an evaluation in excess of 50 percent for service-connected posttraumatic headaches, as the criteria for a higher rating were not met.
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