The Veteran requested to withdraw his appeal on the issue of a compensable rating for infectious skin condition.,The Veteran's major depressive disorder, generalized anxiety disorder, and alcohol use disorder have resulted in occupational and social impairment with deficiencies in most areas since June 1, 2016. The Veteran is granted a 70 percent rating for this period.,The Veteran is granted TDIU effective March 13, 2020.,There are issues regarding service connection for cervical spine disability and right upper extremity radiculopathy. These issues have been remanded for further review.,Service connection may be established if the condition onset in or is causally related to service.
The deciding factor: The Veteran requested to withdraw his appeal on the issue of a compensable rating for infectious skin condition, and there are no remaining questions of fact or law to consider.,The evidence supports a severity of symptomatology that more closely approximates the level associated with a 70 percent rating throughout the period on appeal. The Board finds that giving the Veteran the benefit of the doubt, he is entitled to a 70 percent rating for the entire period on appeal.,VA regulations allow for the assignment of a total disability rating based on individual unemployability (TDIU) when a veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The Veteran meets the schedular criteria for TDIU for the entire period on appeal.,The Veteran's cervical spine disability and right upper extremity radiculopathy may be related to his in-service injury, but further review is needed to determine causation.,VA regulations allow for the assignment of a total disability rating based on individual unemployability (TDIU) when a veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The Veteran meets the schedular criteria for TDIU for the entire period on appeal.
- Claimed conditions
- Infectious skin condition, Major depressive disorder, Generalized anxiety disorder, Alcohol use disorder, Cervical spine disability (including intervertebral disc syndrome), Right upper extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2021
- Citation
- 21065524
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 21065524.
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 Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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