The Board has remanded the case due to insufficient reasoning for denying an effective date prior to November 24, 2009 for TDIU and DEA benefits. The AOJ is instructed to consider the effect of each service-connected disability on the Veteran's ability to maintain gainful employment.
The deciding factor: The Board did not provide adequate reasons or bases for its denial of an effective date prior to November 24, 2009 for TDIU and DEA benefits.
- Claimed conditions
- GERD with Barrett's esophagus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- 20069053
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.
- Partly granted
The Board granted a rating of 30 percent for GERD with Barrett's esophagus, finding that the Veteran's symptoms approximated the criteria for this rating. The claims for compensation under 38 U.S.C. § 1151 and an increased rating for GERD with Barrett's esophagus were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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