The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his claim may be referred to the Director of Compensation Service for extraschedular consideration due to his inability to secure and follow a substantially gainful occupation.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU as set out in 38 C.F.R. § 4.16(a), but may be referred to the Director of Compensation Service for extraschedular consideration due to his inability to secure and follow a substantially gainful occupation.
- Claimed conditions
- posttraumatic left trigeminal neuropathy, benign paroxysmal vertigo, malunion of left mandible
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19148325
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.
- Remanded (sent back)
The Board remands the claim for service connection for benign paroxysmal vertigo to correct duty to assist errors and ensure proper development of the evidence.
- Partly granted
The veteran was granted a 30% rating for GERD and a 50% rating for bilateral pes planus and plantar fasciitis with arthritis and gout of the feet. All other claims were denied.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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