BVA Case 22-0363: Depression

The parties filed a joint motion for remand wherein they agreed that (1)the issue of entitlement to TDIU was reasonably raised prior to 2008,(2)the Board erred by finding that TBI rating regulations prevent awarding TDIU for TBI and depression when the depression arises out of TBI,and (3)the Board's dismissal of the TDIU claim was not harmless even if Mr.

The Board found that from September 1,2003, to December 31,2010, Mr.

Middleton was in receipt of a 100%rating, but the Board noted that his TDIU claim was not necessarily moot because if one of his service-connected disabilities alone rendered him unemployable and he had an additional disability rated 60%or more disabling,he would qualify for special monthly compensation (SMC).

However,the Board found that the preponderance of the evidence was against a finding that Mr.

In January 2020,the Board denied TDIU from September 1, 2003,to February 5,2013, and granted SMC pursuant to 38 U.

The parties agreed that the Board failed to provide an adequate statement of reasons or bases for denying TDIU from September 1,2003,to February 5,2013.

In the September 22, 2021,decision here on appeal,the Board denied TDIU from September 1,2003,to February 5,2013.

The Board found that from September 1, 2003, to December 31,2010,Mr.