The Veteran does not meet the schedular criteria for a total rating based on individual unemployability under 38 C.F.R. § 4.16(a), but his case should be referred to the Director of Compensation and Pension Service for extra-schedular consideration.
The deciding factor: The Veteran's service-connected disabilities, particularly his right wrist injury, significantly impact his employability, warranting referral for extra-schedular consideration under 38 C.F.R. § 4.16(b).
- Claimed conditions
- Residuals, right wrist injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2009
- Citation
- 0911054
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.
- Denied
The Board denied service connection for multiple conditions, including traumatic brain injury (TBI), pain of cervical and cervicothoracic regions, radicular pain and hypoesthesia of left upper extremity, pain and dysfunction of lumbar spine, right sciatic radicular pain, left sciatic radicular pain, right hip pain, left hip pain, right knee pain, left knee pain, post traumatic residual pain of right foot, and bilateral hearing loss.
- Denied
The Board denied service connection for multiple claimed disabilities, including fractured skull, sinusitis, broken elbows, wrist injury, hand fracture, hips, knee and ankle injuries, as there was no evidence of current disability or functional impairment related to these claims.
- Dismissed
The Veteran withdrew his appeal for all issues, including initial and increased ratings for various conditions and service connection claims.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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