The Veteran's combined disability rating is only 50 percent, which does not meet the minimum threshold requirements for an award of TDIU benefits under 38 C.F.R. § 4.16(a). The case is REMANDED to consider whether his service-connected disabilities would as likely as not preclude gainful employment.
The deciding factor: The Veteran's combined disability rating does not meet the minimum threshold requirements for an award of TDIU benefits under 38 C.F.R. § 4.16(a).
- Claimed conditions
- chronic left shoulder dislocation, osteoarthritis of the cervical spine, left cubital tunnel syndrome, hemorrhoids, right inguinal hernioplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2011
- Citation
- 1107625
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 1107625.
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 service connection for tension headaches was granted with an effective date of August 28, 2014.,Service connection for eczema was granted with an effective date of August 10, 2022. The Veteran requested an earlier effective date but the request was denied.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself clean and presentable, and manage his daily medications. The Board has granted entitlement to SMC(l).
- Granted
The Veteran's hemorrhoids with persistent bleeding and fissures are now rated at 20 percent effective May 19, 2023.
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