The Veteran is granted a TDIU on an extraschedular basis prior to August 7, 2013, and SMC after that date due to his service-connected disabilities.
The deciding factor: The Veteran's chronic sinusitis with headaches prevented him from securing and following substantially gainful employment prior to August 7, 2013. After this date, he also had a depressive disorder rated at 100 percent disabling which independently met the criteria for SMC under VA regulations.
- Claimed conditions
- chronic sinusitis, depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 28, 2020
- Citation
- 20081254
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Granted
The Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
- Remanded (sent back)
The Board remands the claims for service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy of the right lower extremity to ensure compliance with its previous remand directives.
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