The Veteran's TDIU claim is being remanded for further development, including consideration of the provisions of 38 C.F.R. § 4.16(b) if the schedular criteria remain unmet.
The deciding factor: The case was previously remanded to consider whether the Veteran meets the criteria for a TDIU under 38 C.F.R. § 4.16(a), but as those criteria are not met, the Board is now referring it to the Director of Compensation Service for consideration of an extraschedular TDIU under 38 C.F.R. § 4.16(b).
- Claimed conditions
- postoperative residuals right knee with instability, degenerative arthritis left knee, degenerative arthritis right knee, complex tear of the lateral meniscus of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2016
- Citation
- 1609991
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 1609991.
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.
- Dismissed
The Veteran's claims for service connection for degenerative arthritis of the right knee, left knee, and cervical spine with spinal stenosis and spondylolisthesis were dismissed due to a procedural defect in the filing of the VA Form 10182 Notice of Disagreement.
- Dismissed
The appeal for revision of a December 2007 rating decision that denied service connection for a left knee condition was dismissed due to the premature filing of a disagreement with a deferred adjudication. The appeals for CUE in ratings assigned for degenerative arthritis of the left hip, right knee, and left elbow were denied.
- Dismissed
The Veteran withdrew his appeal for disability ratings in excess of 10 percent for right ankle arthritis, left ankle arthritis, and degenerative arthritis of the left knee.
- Remanded (sent back)
The Veteran's claim for a TDIU prior to July 26, 2018 is being remanded due to insufficient evidence meeting the criteria under 38 C.F.R. § 4.16(a) and because there is reasonable possibility that he was unemployable by reason of his service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.