The Veteran's claim for a total rating based on individual unemployability due to service-connected disabilities is being remanded for further development and consideration.
The deciding factor: The Board found that the Veteran meets the schedular criteria for a TDIU, but needs additional evidence regarding his employability status given the remote nature of the April 2002 VA examination.
- Claimed conditions
- left leg compartment syndrome, sickle cell anemia, residuals of cholecystectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2009
- Citation
- 0939124
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 0939124.
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 sickle cell hemoglobinopathy and TDIU due to the Veteran's preexisting condition that was not aggravated by service. The Veteran's sickle cell anemia is considered a congenital disorder, which did not undergo aggravation during service.
- Partly granted
The Board denied several claims for increased ratings and service connection, while granting a 30% rating for herpes simplex labialis and service connection for thoracolumbar spine disability.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes, sickle cell anemia, and tinnitus due to insufficient evidence regarding the Veteran's failure to report for scheduled examinations.
- Partly granted
The Board denied a rating in excess of 40 percent for lumbar strain, a rating in excess of 10 percent for residuals of cholecystectomy, and a compensable rating for bilateral hearing loss. A 20 percent rating was granted for laparotomy scars, abdomen.
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