The appeal is remanded to the RO for referral to the Director, Compensation and Pension Service for extra-schedular consideration of a total rating based on unemployability due to service-connected disability prior to January 4, 2001.
The deciding factor: The Board finds that referral for extraschedular consideration is warranted as the evidence prior to January 4, 2001 warrants an extra-schedular rating pursuant to 38 C.F.R. § 4.16(b).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2008
- Citation
- 0812610
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.