The Veteran's appeal is being remanded for additional development, including a VA examination to assess his employability due to service-connected disabilities and the collection of outstanding medical records.
The deciding factor: The Veteran has not met the schedular criteria for entitlement to a total disability rating based on individual unemployability. However, consideration may be given to an extraschedular basis if he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- residuals of a medial meniscus tear of the right knee, cervical strain with degenerative joint disease, lumbosacral strain with degenerative joint disease, tinnitus, asthma, gastroesophageal reflux disease, degenerative joint disease of the left knee, left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2012
- Citation
- 1238547
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 1238547.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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