The Veteran's TDIU claim is being remanded for further development, including obtaining updated VA and private treatment records, securing his VA vocational rehabilitation file, and providing an advisory opinion from a VA Vocational Rehabilitation Division counselor regarding the effect of his service-connected disabilities on his employability.
The deciding factor: Further development is needed to determine if the Veteran's service-connected disabilities render him incapable of participating in substantially gainful employment.
- Claimed conditions
- Obstructive sleep apnea, Posttraumatic stress disorder (PTSD), Left arm ulnar nerve injury, Lumbar strain with degenerative arthritis of the spine, Bilateral wrist disorder, Bilateral ankle arthritis, Left ear traumatic tympanic membrane perforation with tinnitus, Insomnia with nightmare disorder, Bilateral tinea pedis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- May 16, 2016
- Citation
- 1619636
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 1619636.
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 Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
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