The Veteran meets the schedular criteria for a total disability rating for compensation on the basis of individual unemployability (TDIU) due to his service-connected disabilities. However, there is uncertainty about whether he is unable to secure or follow a substantially gainful occupation solely because of his service-connected conditions.
The deciding factor: The VA examiner's opinion was limited and did not consider all service-connected disabilities in determining the Veteran's employability.
- Claimed conditions
- right lower extremity paresis, right upper extremity paresis, lumbosacral strain, cervical spine degenerative disc and joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 14, 2010
- Citation
- 1002301
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 1002301.
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 Board granted service connection for lumbosacral strain and lumbar radicopathy, right side, secondary to the lumbosacral strain.
- Granted
The Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with the exception of remanding certain issues.
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