The Board has remanded the Veteran's claims for an effective date earlier than May 2, 2011, for the award of a total disability rating based on individual unemployability due to service-connected disability (TDIU) and establishment of basic eligibility for Dependents’ Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The claims are remanded for further development including obtaining information about the Veteran's employment prior to May 2, 2011.
The deciding factor: The Board found that there was insufficient evidence to determine whether the Veteran’s pre-May 2, 2011, employment was of a marginal nature and thus remanded for further development to obtain such information.
- Claimed conditions
- Major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2020
- Citation
- 20071875
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.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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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.