The Veteran's claims for increased rating of varicose veins and TDIU due to service-connected disabilities are being remanded as the claim for TDIU was not properly referred to the Compensation Service Director for extraschedular consideration.
The deciding factor: The Board is prohibited from assigning a TDIU on the basis of 38 C.F.R. § 4.16(b) in the first instance without ensuring that the claim is referred to VA's Director of Compensation Service for consideration of an extraschedular rating under 38 C.F.R. § 4.16(b).
- Claimed conditions
- varicose veins of the right lower extremity, chronic low back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2016
- Citation
- 1607851
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 1607851.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection of varicose veins of the right lower extremity due to a duty-to-assist error in pre-decisional duty-to-assist. The case will be returned to the AOJ for further review.
- Granted
The Veteran's claim for an effective date of February 14, 2022, for the 70 percent non-initial staged rating for service-connected adjustment disorder with anxiety and depressed mood is granted.,The Veteran's claim for an effective date of March 27, 2022, for service connection for sciatic radiculopathy of the right lower extremity is granted.,The Veteran's claim for an effective date of March 27, 2022, for service connection for sciatic radiculopathy of the left lower extremity is granted.,The Veteran's claim for an earlier effective date of August 16, 2023, for the 10 percent non-initial staged rating for service-connected varicose veins of the right lower extremity is granted.,The Veteran's claim for an earlier effective date of August 16, 2023, for the 10 percent non-initial staged rating for service-connected varicose veins of the left lower extremity is granted.
- Remanded (sent back)
The Board remands the issues of entitlement to a higher disability rating for varicose veins of both lower extremities due to insufficient medical opinions regarding the effects of medication.
- Denied
The Board denied the Veteran's claims for service connection for pneumonia and an increased rating for asthma, and remanded several other claims including those for heart condition, chronic low back condition, diabetes mellitus type II, GERD, hypertension, and sleep apnea.
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