The Veteran seeks a total disability rating based on individual unemployability due to service-connected disabilities. The Board has determined that additional development is needed, including obtaining Social Security Administration records and arranging for an examination.
The deciding factor: The Veteran's service-connected disabilities do not meet the percentage requirements set forth in 38 C.F.R. § 4.16(a) for a total disability rating based on individual unemployability. However, the Board cannot make a determination without first determining whether the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- idiopathic diabetes mellitus, type 2 with early diabetic nephropathy, right upper extremity weakness associated with left medial cerebral artery cerebrovascular accident/stroke, right lower extremity weakness associated with diabetes mellitus , type 2, mild dysarthria of speech with right facial weakness associated with left medial cerebrovascular accident/stroke, left medial cerebral artery accident/stroke associated with diabetes mellitus, type 2, erectile dysfunction associated with diabetes mellitus type 2
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2009
- Citation
- 0943607
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 0943607.
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.
- Dismissed
The Board has dismissed the claims as they have already been granted in full by a July 2018 rating decision.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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