The Veteran's claim for TDIU prior to November 17, 2010 is being remanded due to the need for referral to the Director of Compensation and Pension Services for extraschedular consideration.
The deciding factor: The Veteran's combined schedular rating was not at least 70% due to service-connected disabilities as required by VA regulations. However, his employment status suggests he may be unemployable due to service-connected disabilities, warranting referral for extraschedular consideration.
- Claimed conditions
- recurrent lumbosacral disc herniation, paracervical muscle spasm, r radiculopathy of the left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2013
- Citation
- 1330086
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 1330086.
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 render him unable to follow a substantially gainful occupation, and the Board finds that he meets the schedular requirement for TDIU.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance, necessitating the grant of SMC at the aid and attendance rate.
- Granted
The Veteran is unemployable due to service-connected disabilities, and the Board has determined that a total disability rating based on individual unemployability (TDIU) should be granted.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining SSA records and arranging for a VA examination to assess the impact of his service-connected disabilities on his employability.
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