The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 2, 2013 is being remanded due to the need for referral to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran does not meet the schedular percentage requirements for TDIU under 38 C.F.R. § 4.16 (a), and thus a referral to the Director of Compensation and Pension is warranted for extra-schedular TDIU prior to December 2, 2013.
- Claimed conditions
- degenerative joint disease of the left shoulder, degenerative joint disease of the right shoulder, bilateral tinnitus, degenerative joint disease of the right knee, degenerative joint disease of the left knee, right ankle strain, vertigo, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 21, 2019
- Citation
- 19121061
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19121061.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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