The Veteran's claim for TDIU prior to July 3, 2007 is being remanded due to the need for additional development and consideration of extraschedular TDIU under 38 C.F.R. § 4.16(b).
The deciding factor: The case is eligible for consideration under 38 C.F.R. § 4.16(b) by referral to the VA's Director of Compensation and Pension due to conflicting evidence regarding the Veteran's ability to secure and follow a substantially gainful occupation.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Tinnitus, Left ankle arthritis, Paresthesia right elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2013
- Citation
- 1310155
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 1310155.
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 degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- 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 the Veteran's claims for service connection for a left ankle disability and a bilateral foot disability, finding that there was no evidence of an in-service injury or disease related to these conditions.
- 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.
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