The Veteran's TDIU claim is being remanded due to the need for further development and consideration of whether he meets the criteria for a total disability rating based on individual unemployability, including considering his service-connected disabilities in conjunction with extra-schedular evaluation under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU but may be considered for an extra-schedular rating due to his unemployability.
- Claimed conditions
- spondylolisthesis, adjustment disorder with depressed mood, herniated disc L4-5, syncope
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2012
- Citation
- 1203112
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 1203112.
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 has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Granted
This decision grants service connection for erectile dysfunction and assigns a noncompensable rating, effective November 6, 2020. The Veteran's adjustment disorder with depressed mood is granted as service-connected, also effective November 6, 2020. An effective date prior to November 6, 2020, is denied for the award of service connection for GERD and right lower extremity radiculopathy.,An effective date prior to November 6, 2020, is denied for the award of service connection for GERD and right lower extremity radiculopathy.
- Granted
The Board has determined that the Veteran's death was due to his service-connected adjustment disorder with depressed mood, which contributed substantially or materially to his death. Therefore, service connection for the cause of the Veteran's death is granted.
- Remanded (sent back)
The Veteran's initial compensable rating for adjustment disorder with depressed mood is denied, and the claim for service connection for a bilateral foot condition is remanded due to lack of a VA examination.
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