The Veteran's claim for TDIU prior to August 17, 2009 is being remanded due to the need for referral to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran's service-connected acquired psychiatric disorder alone did not meet the schedular criteria for a TDIU until August 17, 2009. However, his combined evaluation was sufficient to warrant an extraschedular TDIU prior to that date due to his unemployability.
- Claimed conditions
- Acquired psychiatric disorder (unspecified anxiety disorder)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2022
- Citation
- 22057587
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 22057587.
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.
- Granted
The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected acquired psychiatric disorder, and thus grants service connection for this condition.
- Granted
The Board granted a rating of 70 percent for the Veteran's acquired psychiatric disorder, but no higher.
- Granted
The Board has granted service connection for an acquired psychiatric disorder, diagnosed as unspecified anxiety disorder, on a secondary basis due to the Veteran's service-connected back and lower extremity disabilities.
- Granted
The Veteran's claim for service connection for an acquired psychiatric disorder has been granted. The Board also remanded the issue of entitlement to a rating in excess of 30 percent prior to March 17, 2020, and in excess of 10 percent thereafter, for COPD.
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