The Veteran's service-connected disabilities do not meet the schedular criteria for entitlement to a TDIU. However, given that he is in receipt of SSA disability benefits due to primarily dysthymic disorder, there is a reasonable possibility that the Veteran is unemployable due to his service-connected disabilities. The issue must be remanded for referral to VA's Director of Compensation Service for consideration of an extraschedular TDIU.
The deciding factor: The Veteran's service-connected major depressive disorder recurrent with unspecified anxiety disorder, alcohol use disorder in partial remission, and cannabis use disorder in early remission resulted in total occupational and social impairment.
- Claimed conditions
- Major depressive disorder recurrent, Unspecified anxiety disorder, Alcohol use disorder in partial remission, Cannabis use disorder in early remission
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2021
- Citation
- 21029624
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 21029624.
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.
- Granted
The Board has granted service connection for PTSD, insomnia/sleep disorder, and unspecified anxiety disorder (also claimed as anxiety, depression, and panic disorder) due to the Veteran's in-service stressful events.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Veteran's service-connected major depressive disorder with unspecified anxiety disorder and alcohol use disorder has rendered him unable to secure or maintain substantially gainful employment, which the Board finds meets the criteria for a TDIU.
- Granted
Effective dates of June 4, 2022 are granted for service connection for unspecified anxiety disorder, lumbosacral strain with degenerative arthritis and disc disease, IVDS, spondylosis, scoliosis and healed compression fracture of T7, right lower extremity sciatic radiculopathy, and right lower extremity femoral radiculopathy.,Effective date of October 5, 2023 is granted for service connection for gastroesophageal reflux disease (GERD).
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