The Veteran's claim for a TDIU is being referred to the Director of Compensation and Pension Service for consideration on an extraschedular basis due to the uncertainty in his employability.
The deciding factor: The evidence is in equipoise as to whether the Veteran's service-connected disabilities preclude substantially gainful employment, with resolution of doubt in favor of the Veteran.
- Claimed conditions
- lumbar disc disease with L5-S1 laminectomy and fusion, S1 distribution decreased sensation in the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2013
- Citation
- 1323947
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 1323947.
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 Veteran's increased rating claims for lumbar disc disease and left lower extremity disability have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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