The Veteran's appeal is being remanded for additional development to determine if he is unable to secure or follow a substantially gainful occupation due to his service-connected knee disabilities. If the examination results do not result in a revised rating assignment enabling a grant of TDIU, the case will be forwarded to VA's Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extraschedular rating.
The deciding factor: The Veteran's claim requires additional development to determine his employability due to service-connected knee disabilities.
- Claimed conditions
- knee disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2009
- Citation
- 0946760
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 0946760.
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 TDIU and DEA eligibility are granted with an effective date of April 1, 2009. The Board found that the Veteran's service-connected knee disabilities precluded him from securing or maintaining a substantially gainful occupation since April 2009.
- Granted
The Board has granted earlier effective dates of December 8, 2015 for both TDIU and DEA eligibility. The Veteran is now eligible for these benefits as his service-connected disabilities have prevented him from securing or maintaining substantially gainful employment.
- Denied
The Veteran's claim for TDIU was denied because the Board found that he had substantially gainful employment during the period of the appeal, despite his service-connected disabilities.
- Denied
The Veteran's request for an extension of her delimiting date for Post-9/11 GI Bill educational benefits due to service-connected knee disabilities was denied because the evidence did not clearly establish that she was prevented from initiating or completing her chosen program of education.
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