The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to an alleged opinion from Dr. Y, who testified was treating the Veteran and opined he is unemployable. The VA needs to attempt to obtain this record and ensure all current VA treatment reports are of record.
The deciding factor: The Board found that there was a violation in the duty to assist because the Board had not taken steps to obtain an identified and materially relevant record (the alleged opinion from Dr. Y).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2021
- Citation
- 21071550
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 21071550.
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
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