The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his unemployability is due to his service-connected conditions. The Board finds that referral to the Director of Compensation Service for extraschedular consideration of a TDIU is warranted.
The deciding factor: The Veteran's last documented work was in June 2006 as a funeral home maintenance person and he cannot work due to his knee injuries and surgeries, which are service-connected.
- Claimed conditions
- right knee degenerative joint disease, low back disability, radiculopathy of the right lower extremity, chronic depressive disorder, congenital right bipartite patella, left knee strain, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2018
- Citation
- 18110907
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 18110907.
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's claim for service connection for right knee degenerative joint disease, including secondary to a service-connected left knee disability, is granted. The condition was not related to military service and no aggravation by the service-connected left knee disability could be established.
- 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.
- Dismissed
The Board dismissed the appeals for service connection of various conditions due to untimely filing of the appeal.
- Remanded (sent back)
The Veteran's claims for service connection for left knee strain, right knee strain, shin splints of the right leg, and shin splints of the left leg are being remanded due to a failure to obtain VA examinations and medical nexus opinions.
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