The Board's decision denying service connection for various conditions and TDIU is vacated due to lack of due process. The issues are remanded for further development.
The deciding factor: Due process was not followed as the Veteran did not receive notice before the decision was issued, which denied him his right to a hearing or response.
- Claimed conditions
- Acquired psychiatric disorder, Bilateral lower extremity disorder, Bilateral eye disorder, Bilateral foot disorder (other than service-connected pes planus), Total disability rating based on individual unemployability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2021
- Citation
- 21030687
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 21030687.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Remanded (sent back)
The Board has remanded the case for a determination on whether injuries sustained in a November 2001 incident were in the line of duty. The claim for service connection for an acquired psychiatric disorder is also remanded due to its interdependence with the line of duty issue.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in failing to obtain private treatment records from the Veteran's treating clinician.
- Granted
The Veteran's claim for an earlier effective date of August 13, 2018, for the award of service connection for an acquired psychiatric disorder is granted. The Veteran also meets the schedular criteria for entitlement to TDIU prior to June 1, 2023.
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