The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is remanded as it is inextricably intertwined with his pending claims for increased ratings and entitlement to service connection. The case will be referred to the Director, Compensation Service for extraschedular consideration of a total disability rating based on individual unemployability.
The deciding factor: The Veteran's combined evaluation does not meet the schedular requirements for an award of individual unemployability due to his service-connected disabilities but is unable to secure and follow substantially gainful employment due to his service-connected conditions.
- Claimed conditions
- thoracolumbar degenerative disc disease, anxiety disorder, left wrist sprain, left knee chondromalacia, right knee chondromalacia, chronic gastritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2019
- Citation
- 19107195
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (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 19107195.
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.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Dismissed
The Veteran's appeals for earlier effective dates and compensable ratings for left knee tendonitis and right knee chondromalacia have been dismissed as he withdrew his appeal in January 2025.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, specifically anxiety disorder and major depressive disorder, which is found to be due to military sexual trauma experienced during service. The decision also notes that the Veteran's reports of in-service personal assault are credible and supported by medical opinions.
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