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
Veterans Law Judge
Decisions by this judge: 715 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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 Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
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