The Veteran's claim for TDIU is being remanded due to the need for further development, including obtaining outstanding VA and private treatment records. The case will also be referred to the Director of Compensation Services for a determination on whether an extraschedular TDIU should be granted prior to January 28, 2015.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU award and need further development including obtaining outstanding treatment records and determining if he is unemployable due to his service-connected disabilities alone or in combination with other factors.
- Claimed conditions
- neck disability, bilateral pes planus, major depressive disorder (MDD), migraine headaches, low back disability, right knee disability, left knee disability, bilateral metatarsalgia, tinnitus, right sciatica, left sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19124432
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 migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.