The Veteran's service-connected disabilities did not meet the schedular requirements for TDIU prior to October 28, 2008. The Board has referred this case to the Director, Compensation Service for consideration of an extraschedular TDIU rating.
The deciding factor: The Veteran's service-connected disabilities did not meet the schedular requirements for TDIU prior to October 28, 2008.
- Claimed conditions
- radiculitis, radiculopathy of the left and right legs, spinal degenerative disc disease, painful scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104192
Veterans Law Judge
Decisions by this judge: 3,217 · Granted: 46% (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 19104192.
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 migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Dismissed
The Veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.
- Denied
The Board denied the Veteran's appeal for increased ratings for compartment syndrome of the bilateral lower extremities, reduced the rating for painful scars of the bilateral lower extremities, and denied service connection for various conditions. The decision was not timely filed.
- Denied
The Veteran's claim for special monthly compensation (SMC) based on aid and attendance is denied because the evidence does not show that he requires regular aid and attendance due to his service-connected conditions.
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