The Veteran's TDIU claim is granted from November 15, 2018. The issue of entitlement to a TDIU for the period from July 13, 2019, to April 1, 2021, is rendered moot due to SMC benefits based on aid and attendance being in effect during this timeframe.
The deciding factor: The Veteran's disabilities rendered him unable to secure or maintain substantially gainful employment prior to November 15, 2018. However, his entitlement to a TDIU was moot from July 13, 2019, to April 1, 2021, due to the concurrent receipt of SMC benefits based on aid and attendance.
- Claimed conditions
- metastatic spinal (bone) squamous cell carcinoma, posttraumatic stress disorder (PTSD), left hand fifth finger middle phalangeal joint amputation, tinnitus, anemia, left arm scar, gastrostomy tube scar, malignant neoplasm of the base of the tongue with dry mouth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2022
- Citation
- A22023687
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 A22023687.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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