The Board has remanded the case due to insufficient evidence regarding whether the Veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The AOJ must refer the claim for extraschedular consideration under 38 C.F.R. § 4.16 (b).
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU, but VA policy requires that a TDIU be granted in all cases where service connected disabilities prevent the Veteran from engaging in gainful employment.
- Claimed conditions
- Degenerative disc disease, Tinnitus, Left knee arthritis, Scar, Lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125105
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 granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
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