The Veteran's combined disability rating is currently at 60%, which does not meet the percentage standards for a TDIU under 38 C.F.R. § 4.16(a). However, due to his service-connected lumbar spine disability and other conditions, he may be unemployable by reason of service-connected disabilities. The case is being remanded so that it can be submitted to the Director, Compensation and Pension Service, for extra-schedular consideration.
The deciding factor: The Veteran's service-connected lumbar spine disability precludes functioning in an occupational environment, which suggests he may be unemployable by reason of service-connected disabilities.
- Claimed conditions
- bilateral hearing loss, degenerative joint and disc disease, lumbar spine, residuals of inguinal hernia, intestinal hernia with subsequent right orchiectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 26, 2012
- Citation
- 1237183
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 1237183.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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