The Veteran's current service-connected disabilities do not meet the schedular criteria for a total disability based on individual unemployability (TDIU). However, due to his PTSD symptoms and unsuccessful attempts at employment, he may be eligible for TDIU under extra-schedular considerations.
The deciding factor: VA regulations provide that veterans who are unemployable by reason of service-connected disabilities but fail to meet the schedular standards for a total disability rating can still be considered for an extra-schedular TDIU award if they cannot secure and follow substantially gainful employment due to their service-connected conditions.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Chondromalacia in both knees, Tinnitus, Chronic low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 20, 2013
- Citation
- 1342219
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 1342219.
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 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 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.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
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