The Board remands the claim for an earlier effective date for TDIU to correct a duty to assist error, specifically related to VA treatment records that were not properly associated with the claims file.
The deciding factor: The April 2020 rating decision did not include any claim for increase for hepatitis and thus TDIU was not inferred as part of that matter; therefore, there was no inferred claim for TDIU at the time of the April 2020 VA decision reducing the Veteran's hepatitis disability rating.
- Claimed conditions
- Major Depressive Disorder (MDD), Lumbar Spine Disability with Lower Extremity Radiculopathy, Hepatitis C, Hallux Valgus with Hallux Rigidus and Arthritis of the Feet, Status Post Cheilectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038128
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.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Denied
The Board denied service connection for various conditions, including GAD, MDD, PTSD, bilateral hearing loss, tinnitus, and foot disabilities. The claim for NSC pension benefits was dismissed as moot due to a higher disability rating.
- Granted
The Board granted an effective date of June 21, 2024, for the award of service connection for major depressive disorder (MDD).
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
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