The Board has determined that the Veteran's service-connected disabilities did not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a) prior to January 20, 2012. However, due to VA policy requiring all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities to be rated totally disabled, the case must be submitted to the Director of Compensation Service for extraschedular consideration of a TDIU under 38 C.F.R. § 4.16(b). The Board has decided that referral is warranted for this issue.
The deciding factor: The Veteran's service-connected disabilities did not meet the percentage requirements for a TDIU under 38 C.F.R. § 4.16(a) prior to January 20, 2012, but VA policy requires all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities to be rated totally disabled.
- Claimed conditions
- PTSD, compression fracture, L-1 with posterior spinal fusion of L-5 to S-1, left mid-shaft femur fracture, tinnitus, residuals of traumatic brain injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2019
- Citation
- 19103120
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19103120.
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 Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- 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.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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