The Board has remanded the claims for an effective date earlier than October 25, 2010, for the award of a TDIU and for the establishment of basic eligibility for DEA benefits. The AOJ is instructed to issue an SSOC addressing these matters.
The deciding factor: The Board found that the AOJ did not address whether a TDIU was warranted prior to October 25, 2010, and failed to issue an SSOC addressing the issues of entitlement to earlier effective dates for the awards of TDIU and DEA benefits. The AOJ is instructed to comply with these remand instructions.
- Claimed conditions
- right knee meniscus tear, left knee disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073174
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.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claims for service connection for PTSD, diabetes mellitus, type II, migraines, left and right knee disorders, and obstructive sleep apnea due to missing military records and inadequate examinations.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee disorders to obtain a new examination that adequately addresses all pertinent evidence of record.
- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
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