The Veteran is seeking an effective date before February 2, 2000, for the grant of a total disability rating for compensation based on individual unemployability. The case has been remanded to determine if extraschedular consideration should be applied.
The deciding factor: The claim was previously denied due to the Veteran not meeting the schedular criteria for a total disability rating but being found unemployable by reason of his service-connected disabilities, specifically T12 fracture with low back pain. The case is now remanded for further review under 38 C.F.R. § 4.16(b).
- Claimed conditions
- residuals of T 12 fracture with low back pain, right shoulder injury, appendectomy scar, postoperative vocal cord polyp, residuals of fracture of right little finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2014
- Citation
- 1437940
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 1437940.
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 service connection for non-Hodgkin's lymphoma was denied, and the Board found that no effective date prior to May 30, 2019 is warranted.
- Dismissed
The Veteran's appeals seeking service connection for various conditions have been dismissed due to the withdrawal of his appeal by his authorized representative.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors, including failure to obtain VA and private medical records related to his hip conditions, neck injury, and right shoulder injury.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's appendectomy scar was aggravated by Agent Orange exposure or asbestos exposure during service. The appellant must be provided with a VA opinion to address these theories of aggravation.
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