The Board has partially vacated the August 2021 decision, only to the extent that it denied entitlement to a TDIU prior to July 27, 2010. The case is now remanded for further consideration of this issue.
The deciding factor: The Board found that there was no longer a case in controversy regarding the issue of TDIU prior to July 27, 2010, as TDIU had been granted effective July 27, 2010. However, the possibility of entitlement to TDIU under 38 C.F.R. § 4.16(b) was not addressed.
- Claimed conditions
- unspecified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 25, 2022
- Citation
- 22003745
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. Read the original VA decision (opens in a new tab) using citation 22003745.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for a total disability rating based on unemployability due to service-connected disabilities was denied as she is not service connected for any disabilities.
- Granted
The Veteran's TDIU rating is granted from February 1, 2010, as this was the date he stopped working due to his service-connected disabilities.
- Granted
The Board has reinstated the Veteran's entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) due to disagreement over the weight of evidence indicating that his service-connected disabilities do render him unable to maintain gainful employment.
- Remanded (sent back)
The Board has remanded the case due to an error in failing to obtain a VA opinion regarding the functional impact of any side effects from medication used to treat service-connected disabilities, which may affect the Veteran's ability to work.
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