The Veteran's claim for TDIU is being remanded due to insufficient recent medical evidence and the need for a VA examination.
The deciding factor: Insufficient recent medical evidence was found, necessitating further evaluation of the Veteran's employment situation and service-connected disability severity.
- Claimed conditions
- fibromyositis of the left shoulder with impingement syndrome, cervical spine injury with degenerative changes, duodenitis, bilateral TMJ dysfunction, lumbar disc disease, bilateral pes planus with plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2009
- Citation
- 0945453
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 0945453.
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 Veteran's claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
- Denied
The Veteran's claim for a higher rating for genital herpes is denied as the highest schedular rating of 60% has been achieved. The claim for TDIU based on service-connected disabilities is also denied due to the presence of other service-connected conditions and the fact that the Veteran does not meet the criteria for a combined 100% disability rating.
- Denied
The Veteran's claims for increased evaluations and earlier effective dates were denied. Service connection for irritable bowel syndrome was also denied.
- Denied
The Board denied the Veteran's claim for Special Monthly Compensation (SMC) based on need for aid and attendance or housebound status due to his service-connected disabilities, finding that he does not meet the criteria for SMC as his disabilities do not render him unable to care for most of his daily personal needs without regular personal assistance from others.
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