The Board has remanded the case for referral to the VA Under Secretary for Benefits or the Director of the Compensation and Pension Service to consider assignment of a total rating based on individual unemployability due to service-connected disability on an extraschedular basis prior to September 22, 2009.
The deciding factor: The Board found that the appellant's claim should be referred for consideration of assignment of a total rating based on individual unemployability on an extraschedular basis as he may be entitled to such a rating due to his service-connected disabilities preventing him from securing and following substantially gainful employment prior to September 22, 2009.
- Claimed conditions
- mood disorder with depressive features, degenerative changes of the lumbar spine at the levels of L4-L5 and L5-S1, chondromalacia patella of the left knee, chondromalacia patella of the right knee, partial complex and secondary generalized seizure disorder, r radiculopathy of the left lower extremity, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2015
- Citation
- 1519162
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 1519162.
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 granted service connection for left knee strain and chondromalacia patella of the right knee, finding that these conditions were aggravated during active service.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
- Granted
The Veteran's claim for service connection for a mood disorder with depressive features was granted, effective March 23, 2023.
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