The Veteran's service-connected disabilities do not meet the criteria for a schedular TDIU rating. However, his unemployability due to these conditions is considered on an extraschedular basis and referred to the Director of Compensation and Pension Service.
The deciding factor: The Veteran's service-connected disabilities do not meet the percentage requirements for a schedular TDIU rating under 38 C.F.R. § 4.16(a).
- Claimed conditions
- lumbosacral spine injury with residuals of chronic lumbar strain and degenerative changes status post surgery to include L5-S1 fusion and diskectomy, L5-S1 dermatome hypoesthesia of the right leg, adjustment disorder, right clavicle status post Mumford resection procedure, left shoulder status post Mumford resection procedure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2012
- Citation
- 1207675
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 1207675.
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.
- Dismissed
The Board dismissed the appeal for erectile dysfunction and granted an earlier effective date of March 31, 2015, for a 50% evaluation of other specified trauma disorder.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Granted
The Veteran's claim for service connection for adjustment disorder, SMC-AA benefits, and Dependents' Educational Assistance (DEA) benefits was granted effective August 10, 2022.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he does not have a single disability rated at 100% and his disabilities are not so severe that they render him substantially confined to his residence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.