The Veteran's claim for a TDIU is being remanded to determine if an earlier effective date can be granted on an extraschedular basis. The appeal also includes a request for reconsideration of the August 1990 rating decision regarding service connection for headaches and cervical spine injury.
The deciding factor: The Veteran's disability ratings did not meet the schedular criteria for TDIU until November 17, 2009, but his claim was received before that date. The Board is now considering whether an earlier effective date can be granted on an extraschedular basis.
- Claimed conditions
- low back disability, headache disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2018
- Citation
- 1807060
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 1807060.
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 Veteran's claims regarding entitlement to service connection for a headache disability and entitlement to an initial disability rating in excess of 10 percent prior to May 29, 2014, and in excess of 20 percent thereafter for right tibiofibular ligament strain are being remanded due to the need for additional development.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has decided to remand the claims for service connection and rating of left lower extremity radiculopathy, headache disability, and bilateral hearing loss due to an error in notifying the Veteran of her right to a pre-decisional hearing.
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