The Veteran's TDIU claim is being remanded for further consideration, including an evaluation of his employability due to service-connected disabilities. The case will be referred to the Compensation and Pension Service for extra-schedular consideration.
The deciding factor: The evidence indicates that the Veteran may be unemployable due solely to his service-connected disabilities but requires clarification from the Director, Compensation and Pension Service, regarding whether this is due to a single disability rated as 100% disabling or if he is unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- Degenerative arthritis, Lumbosacral spine, Radiculopathy of the left lower extremity, Radiculopathy of the right lower extremity, Tinnitus, Hearing loss (right ear), Duodenal cap ulceration
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2012
- Citation
- 1218430
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 1218430.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
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