The Veteran's claim for a TDIU rating prior to December 10, 2015 was denied due to the absence of a completed VA Form 21-8940. The Board found that this decision based on CUE as it did not follow the applicable regulations and law regarding the criteria for a TDIU rating.
The deciding factor: The AOJ incorrectly required completion of a VA form 21-8940, which is not necessary to grant a TDIU rating.
- Claimed conditions
- Adjustment Disorder with Depressed Mood, Schizoid Personality Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- February 22, 2024
- Citation
- 24008949
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 24008949.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected acquired psychiatric disorder, including PTSD and Adjustment Disorder with Depressed Mood, is granted effective August 21, 2019. A rating of 70 percent for the acquired psychiatric disorder is granted.
- Granted
The Veteran's claim for an increased rating for his psychiatric disability is granted, and he is now rated at 70 percent. He also received a TDIU based solely on his service-connected psychiatric disability, and SMC at the housebound rate is granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error, requiring VA to obtain medical examinations and opinions regarding his psychiatric disorders, prostate condition, and erectile dysfunction.
- Granted
The Veteran's adjustment disorder with depressed mood has been granted a 70 percent evaluation effective August 8, 2016. The issue of entitlement to TDIU is remanded.
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