The Veteran's appeal is being remanded to the AOJ for further consideration of his claim for a total disability evaluation based on individual unemployability prior to July 5, 2012. The case will be referred to the Director, Compensation and Pension Service, for adjudication.
The deciding factor: The Veteran's service-connected disabilities did not meet the schedular criteria for TDIU prior to July 5, 2012, but there is evidence suggesting he was unable to secure or follow a substantially gainful occupation due to his service-connected conditions. The case will be referred to the Director, Compensation and Pension Service, for consideration of entitlement to TDIU on an extra-schedular basis.
- Claimed conditions
- headaches, depressive disorder, residuals of fractured right clavicle with malunion, residuals of pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2015
- Citation
- 1500862
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 1500862.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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