The veteran's claim for a total rating for compensation purposes based on individual unemployability under 38 C.F.R. § 4.16(a) was denied, but the case was referred to the Director of Compensation and Pension Service for extra-schedular consideration under 38 C.F.R. § 4.16(b).
The deciding factor: The veteran's service-connected disabilities suggest that he may be unable to obtain or retain gainful employment as a result of those disorders, warranting referral to the Director, Compensation and Pension Service for extra-schedular consideration.
- Claimed conditions
- Bilateral hearing loss, Weak right foot with degenerative changes and pes planus with heel spur syndrome, Weak left foot with degenerative changes and pes planus with heel spur syndrome, Bilateral tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2008
- Citation
- 0810387
Veterans Law Judge
Decisions by this judge: 1,013 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0810387.
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 Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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