The Veteran seeks an earlier effective date for TDIU and DEA benefits due to service-connected disabilities. The Board has remanded the claims as there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disabilities, but the failure to refer the issue of entitlement to a TDIU prior to June 20, 2017 to the Director was an error in satisfying a regulatory duty.
The deciding factor: The Board found there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disabilities and thus remanded for referral to VA's Director of Compensation Service. However, the failure to refer the issue prior to June 20, 2017 was an error in satisfying a regulatory duty.
- Claimed conditions
- Peripheral Vascular Disease, Diabetes Mellitus with Retinopathy, Bilateral Eye Disability (Cataracts), Bilateral Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 10, 2024
- Citation
- A24037238
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 A24037238.
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.
- 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.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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