The Board has remanded the case to the Director, Compensation and Pension Service for extra-schedular consideration in light of an October 2003 'Individual Unemployability Assessment' provided by a private vocational specialist who concluded the Veteran was unemployable due to his service-connected disability since 1991.
The deciding factor: The Court vacated the Board's denial of TDIU benefits prior to January 1999, citing an implicit rejection of favorable evidence and remanded for further consideration by the Director, Compensation and Pension Service.
- Claimed conditions
- peptic ulcer disease with chronic gastrointestinal disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2010
- Citation
- 1046321
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 1046321.
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.
- Partly granted
The Board has jurisdiction to consider the March 1998 decision denying compensation under 38 U.S.C.A. § 1151 for TURP residuals, including loss of use of a creative organ. The veteran's peptic ulcer disease with chronic gastrointestinal disorder is rated at 60 percent from January 24, 1999.
- 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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