The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU. The Board has remanded the case to determine if referral to the Director of Compensation Service is warranted due to exceptional circumstances.
The deciding factor: The Veteran’s service-connected disabilities, while disabling, do not meet the statutory criteria for a TDIU as they do not result in one disability rated at least 40% disabling with additional disability bringing the combined evaluation to 70%. However, his claim is remanded due to potential exceptional circumstances.
- Claimed conditions
- residuals of left knee replacement, instability right knee joint osteoarthritis with meniscal tear and patellofemoral pain syndrome, painful flexion right knee joint osteoarthritis with meniscal tear and patellofemoral pain syndrome, scars left lower extremity associated with status post left total knee replacement, hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2018
- Citation
- 18105795
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 18105795.
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 remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Granted
The Veteran's service-connected PTSD prevented him from securing and following a substantially gainful occupation.,Given the grant of TDIU based on his service-connected PTSD, the Veteran has a single service-connected disability rated as total (PTSD) and additional service-connected disabilities independently ratable at 60 percent or more.
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