The Veteran is granted a TDIU from January 19, 2009 to April 30, 2009 and from April 29, 2010 to August 2, 2011. The issue of entitlement to a TDIU prior to January 19, 2009 and from May 1, 2009 to April 28, 2010 is remanded for referral to the Director of Compensation Service.,The Veteran's service-connected disabilities precluded him from securing or following substantially gainful employment prior to January 19, 2009 and from May 1, 2009 to April 28, 2010. The decision is based on the established policy of VA that all Veterans who are individually unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled.
The deciding factor: The Veteran's service-connected disabilities precluded him from securing or following substantially gainful employment prior to January 19, 2009 and from May 1, 2009 to April 28, 2010.
- Claimed conditions
- major depressive disorder, chronic gastritis, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 31, 2020
- Citation
- 20081884
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 claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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