The Board remands the Veteran's claim for a total disability rating based on individual employability (TDIU) due to a pre-decisional error in VA's duty to assist.
The deciding factor: Remand is necessary because the AOJ did not obtain and associate the Veteran's private treatment records prior to issuing the May 2019 rating decision, which may contain evidence regarding the impairment and pain caused by his service-connected disabilities during the period on appeal.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065902
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.