Remanded (sent back)
The Board remands the claims for a total disability evaluation due to individual unemployability (TDIU) on an extraschedular basis and Dependents' Educational Assistance (DEA) benefits prior to May 15, 2020, as it finds that there was a pre-decisional duty to assist error by the AOJ in failing to refer the TDIU claim for extraschedular consideration.
The deciding factor: The Board found that the AOJ's failure to refer the TDIU claim for extraschedular consideration was an error with a reasonable possibility of aiding in substantiating the Veteran's claim, necessitating remand for such referral.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2025
- Citation
- A25017070
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