The Veteran's combined disability rating is not 70 percent or higher, and he does not have a single service-connected disability rated at 60 percent or more. Therefore, the Veteran does not meet the schedular criteria for TDIU on a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU). However, his case is referred to the VA Director of Compensation and Pension for an extraschedular TDIU determination.
The deciding factor: The Veteran's combined disability rating does not meet the schedular criteria for TDIU as per 38 C.F.R. § 4.16(a)
- Claimed conditions
- Generalized Anxiety Disorder with Panic Disorder, Duodenal Ulcer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2018
- Citation
- 18148171
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 18148171.
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.
- Partly granted
The Board granted service connection for major depressive disorder, duodenal ulcer, and irritable bowel syndrome. The remaining claims regarding a neurological disorder of the left and right elbows were remanded.
- Granted
The Veteran's claim for an effective date of November 6, 2017, for a 100% rating for service-connected Generalized Anxiety Disorder with Panic Disorder is granted.
- Partly granted
The Board granted service connection for GERD but denied it for duodenal ulcer, diverticulosis, and hemorrhoids.
- Dismissed
The Board dismissed the Veteran's appeals for increased ratings of PFB and duodenal ulcer, as well as his claim for service connection of OSA. The claims were withdrawn by the Veteran during a hearing before the Board.
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