The Veteran's TDIU claim is being remanded for referral to the Compensation and Pension Service for consideration of whether he meets the criteria for a TDIU based on unemployability due to service-connected disabilities.
The deciding factor: The Veteran's combined rating does not meet the schedular requirements for a TDIU, but his case should be referred for extraschedular consideration as he is unable to secure and follow substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- multilevel degenerative disc disease of the lumbar spine, residuals of left mandible fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 13, 2015
- Citation
- 1501478
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 1501478.
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 service-connected disabilities do not meet the criteria for a special home adaptation grant as they do not result in anatomical loss or use of both hands, blindness in both eyes, deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.
- Granted
The Board granted earlier effective dates for the initial 20 percent and subsequent 40 percent ratings for service-connected multilevel degenerative disc disease of the lumbar spine, as well as for service connection for right and left lower extremity radiculopathies.
- Granted
The Veteran is granted a total disability rating based on unemployability due to service-connected disabilities prior to March 29, 2018. The issue of entitlement to a TDIU from March 29, 2018 was dismissed as moot.
- Dismissed
The Veteran withdrew his appeal for the initial evaluations of his spine and radiculopathy conditions. The Board dismissed the case as a result.
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