The Board has referred the issue of entitlement to a TDIU to the RO for further proceedings consistent with the Joint Motion for Remand. The Veteran's claim is considered part and parcel of his increased rating claims.
The deciding factor: The Court held that when evidence of unemployability is submitted at the same time as a veteran appeals the rating assigned for a disability, the TDIU claim will be considered part and parcel of the underlying disability claim.
- Claimed conditions
- Cervical spine, Lumbar spine, Right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2013
- Citation
- 1302378
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 1302378.
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 appeals regarding proposed reductions in ratings for right upper extremity radiculopathy and lumbar spine conditions due to procedural issues.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received with respect to all the service connection claims on appeal. The claims are being remanded for further development, including obtaining VA examinations and medical opinions to determine the nature and etiology of the claimed conditions.
- Granted
The Board granted service connection for acquired psychiatric disability, cervical spine, lumbar spine disability (including IVDS), right ankle, and right knee based on the evidence of record.
- Partly granted
The Board granted revision of the December 2018 rating decision that reduced the disability rating for lumbar spine from 20 percent to 10 percent, effective December 4, 2018, based on clear and unmistakable error (CUE). The March 2015 rating decision that assigned a 10 percent rating for left shoulder disability was denied as it did not meet the criteria for CUE.
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.