The Veteran's service-connected disabilities do not meet the threshold percentage requirement to establish eligibility for TDIU, but his unemployability is being referred for extraschedular consideration.
The deciding factor: The Veteran has multiple service-connected disabilities that prevent him from securing or following a substantially gainful occupation.
- Claimed conditions
- Left Knee Disability, Right Knee Disability, Lumbar Spine Disability, Major Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 29, 2016
- Citation
- 1638817
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 1638817.
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 knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
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