The Veteran's service-connected disabilities prevent him from securing and maintaining employment, and the RO has referred his claim for extraschedular TDIU consideration. The case is being remanded to determine if referral to the Director, Compensation and Pension Service is warranted.
The deciding factor: The Veteran testified that his service-connected disabilities prevent him from working or maintaining a job, and evidence shows he was unable to work since April 2004 due to health issues related to his back disability. The RO has referred this case for extraschedular TDIU consideration.
- Claimed conditions
- Arthritis of the lumbar spine, Radiculopathy of the right lower extremity, Right knee pain, Left knee pain, Limitation of extension of the left knee, Right ankle pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2013
- Citation
- 1324114
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 1324114.
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 extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right knee pain and right hip pain due to insufficient medical evidence on file regarding their etiology. The AOJ is required to obtain an adequate opinion from a qualified medical examiner.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
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