The Board remands the claims for an earlier effective date for DEA and TDIU as they are inextricably intertwined with the extraschedular consideration of TDIU prior to 2002.
The deciding factor: A pre-decisional duty to assist error occurred by not obtaining extraschedular consideration for the period prior to the Veteran becoming schedular-eligible, necessitating a remand for referral to the Director, Compensation Service.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2025
- Citation
- A25040485
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.