The Veteran seeks an earlier effective date for the grant of TDIU, which was granted on November 16, 2021. The Board finds that additional efforts are necessary to determine if the Veteran's employment constituted a protected environment due to his service-connected disabilities.
The deciding factor: The Board found a pre-decisional duty to assist error and requires further evidence regarding occupational accommodations provided by the Veteran's employer and annual income statements from SSA.
- Claimed conditions
- lumbar spine, radiculopathy of bilateral lower extremities, psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2024
- Citation
- A24079693
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 A24079693.
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 granted the Veteran's claims for increased evaluations and SMC based on housebound status and aid and attendance, with the initial decisions being in February and June 2023. The appellant is eligible to attorney fees based on past-due benefits awarded in September 2024.
- Dismissed
The Board dismissed the appeal for service connection of psychiatric disorder. Service connection was granted for heart condition, throat condition, and hypertension due to herbicide exposure in Japan. Diabetes condition is denied as there is no evidence of treatment or diagnosis.
- Dismissed
The Veteran's service-connected disabilities were considered permanent and total in nature as of August 6, 2020, which is the earliest date on which she can establish basic eligibility for DEA under 38 U.S.C. Chapter 35.
- Granted
The Veteran's tinnitus is granted service connection, while his bilateral hearing loss and hypertensive vascular disease/hypertension are denied. The psychiatric disorder claim is remanded for further review.
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