The veteran did not meet the requirements for TDIU under the provisions of 38 C.F.R. § 4.16(a) until July 13, 2004, and as such, an earlier effective date is denied; however, the claim should be referred to the Director, Compensation and Pension Service for extraschedular consideration.
The deciding factor: The veteran's service-connected disabilities did not meet the criteria for TDIU under 38 C.F.R. § 4.16(a) until July 13, 2004, but evidence suggests he was unemployable prior to that date, warranting referral to the Director, Compensation and Pension Service.
- Claimed conditions
- chronic depression with marked secondary components of anxiety, sensory neuropathy, left arm, degenerative joint disease left shoulder, residuals, left clavicle fracture, lumbosacral strain, degenerative arthritis, left hip, temporomandibular joint syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2009
- Citation
- 0908563
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 Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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