The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU during the period prior to June 19, 2012. However, due to his combined 100% disability rating from June 19, 2012, to May 26, 2017, and October 14, 2019, TDIU is not warranted based on the schedular criteria. The Veteran's file should be referred to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran does not meet the schedular requirements for TDIU due to his service-connected disabilities during the period prior to June 19, 2012. However, he has a combined 100% disability rating from June 19, 2012, to May 26, 2017, and October 14, 2019, due to his service-connected diabetes.
- Claimed conditions
- PTSD, Diabetes Mellitus, Tinnitus, Nephropathy and Hypertension (associated with Diabetes), Peripheral Neuropathy, Right Lower Extremity (associated with Diabetes), Peripheral Neuropathy, Left Lower Extremity (associated with Diabetes), Peripheral Neuropathy, Left Upper Extremity (associated with Diabetes), Peripheral Neuropathy, Right Upper Extremity (associated with Diabetes), Bilateral Hearing Loss (associated with Diabetes)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 13, 2023
- Citation
- 23050854
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 23050854.
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 of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
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