The Veteran seeks to have the November 2012 and October 2015 rating decisions regarding TDIU overturned due to alleged CUE. The issues are being remanded for further development and adjudication.
The deciding factor: The claims of CUE involve failure to consider depressive disorder, which was service-connected effective July 1, 2009 by a July 2015 rating decision, and failure to apply the chronic disease presumption (38 C.F.R. § 3.303(b)).
- Claimed conditions
- Depressive disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- 20065051
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Partly granted
The Veteran's depressive disorder was granted a 70 percent disability rating from April 27, 2020 to August 15, 2022, and a TDIU was also granted.
- Granted
The Board granted an effective date of July 14, 2020, for the grant of service connection for IVDS with spinal fusion and lumbar disc disease with stenosis, as well as associated radiculopathy of the sciatic and femoral nerves of the left and right lower extremities, and depressive disorder.
- Remanded (sent back)
The Board remands the case to verify periods of active duty, ACDUTRA, or INACDUTRA from 1998 to 2006 and to obtain a new VA examination.
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