The Board has remanded the Veteran's claim for a TDIU prior to August 16, 2012 due to non-compliance with previous directives. The case is now referred to the Director of Compensation Services for an extraschedular determination.
The deciding factor: The Board found that there was non-compliance with previous remand directives and thus the TDIU claim prior to August 16, 2012 needs to be referred to the Director of Compensation Services for an extraschedular determination.
- Claimed conditions
- anxiety disorder NOS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080579
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 has remanded the case for further development, including obtaining an addendum opinion to determine if diagnosed psychiatric disorders are related to service.
- Partly granted
The Veteran's acquired psychiatric disorder to include anxiety disorder NOS is granted a rating of 70 percent, but his hallux rigidus of the right foot remains at its current non-service-connected status. The decision on TDIU was denied.
- Partly granted
The Veteran's acquired psychiatric disability, including anxiety disorder NOS, depressive disorder NOS, PTSD, and MDD, is found to be as likely as not attributable to an in-service military sexual trauma (MST) incident. Service connection for small bowel obstruction, secondary to service-connected acquired psychiatric disability, and entitlement to a total disability rating based on individual unemployability (TDIU) are remanded.
- Granted
The Veteran's current anxiety disorder NOS and unspecified depressive disorder are found to be as likely as not attributable to an in-service military sexual trauma (MST) incident, granting service connection for the acquired psychiatric disability.
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