The Board has remanded the case due to an issue regarding a claim of CUE in the April 2010 rating decision denying service connection for PTSD. The main issue is whether the Veteran should be granted an earlier effective date for his TDIU.
The deciding factor: The effective date for the award of TDIU cannot predate the effective date for the service-connected disability upon which it is based, and as there are no prior service-connected disabilities, the claim must be remanded to address the CUE claim.
- Claimed conditions
- PTSD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066762
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied service connection for an acquired psychiatric disorder, including PTSD, as the Veteran did not have a diagnosis of PTSD or any other psychiatric disorder during the appeal period.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.