The Veteran's TDIU claim is being remanded for additional development, including a VA examination to determine if his service-connected disabilities render him unemployable.
The deciding factor: The Veteran does not meet the schedular criteria for TDIU based on his combined evaluation of 50 percent. However, he may be eligible for TDIU under 38 C.F.R. § 4.16(b) if he is unable to secure or follow a substantially gainful occupation due to service-connected disabilities.
- Claimed conditions
- patellofemoral pain syndrome with degenerative joint disease of the left knee, status post acromioclavicular separation of the right shoulder with degenerative changes, patellofemoral pain syndrome with degenerative joint disease of the right knee, scar of the left knee, scar of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 23, 2013
- Citation
- 1316920
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 1316920.
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.
- Granted
The Veteran's service-connected disabilities have been found to render him unable to physically care for himself, thereby granting special monthly compensation based on the need for regular aid and attendance.
- Partly granted
The Board granted earlier effective dates for the Veteran's radiculopathy of the right and left lower extremities, as well as a scar on her right knee. However, it denied earlier effective dates for her back and right knee conditions.
- Dismissed
The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed. The Veteran withdrew her appeal of the denial of higher ratings for right knee limited motion, left knee limited motion, right knee instability, for a scar of the right knee, and for allergic rhinitis.,Her request for an effective date earlier than February 26, 2020 for the 10 percent rating previously assigned for allergic rhinitis was also dismissed. The Veteran's appeal for increased PTSD to 70 percent has been granted.
- Remanded (sent back)
The Board has remanded several issues for further development, including VA examinations to assess the current nature and severity of various conditions. The Veteran's service connection claims are not addressed as they involve direct service connection.
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