The Veteran's TDIU claim is being remanded for further review by the VA Compensation and Pension Service due to her service-connected disabilities, which include multiple conditions such as endometriosis, asthma, depression, degenerative disc disease, vertigo, radiculopathy, ovarian cysts, and carpal tunnel syndrome. The case will be referred back for an extraschedular TDIU rating under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating but may render her unemployable due to her mental health and physical conditions.
- Claimed conditions
- total abdominal hysterectomy with left salpingo-oopherectomy due to endometriosis, asthma, major depressive disorder, degenerative disc disease at L5-S1, episodic recurrent positional vertigo with disequilibrium and tinnitus, right sensory L3 radiculopathy, residuals of excision of a right ovarian cyst, right carpal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- February 27, 2014
- Citation
- 1408535
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 1408535.
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 claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
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