The Veteran's service-connected disabilities do not meet the schedular requirements for TDIU, but his claim is referred to the Director of Compensation Service for consideration of an extraschedular rating.
The deciding factor: The Veteran's combined schedular rating does not meet the 70% threshold required for a schedular TDIU and no single disability meets the 40% threshold. However, he may be eligible for an extraschedular TDIU due to his service-connected disabilities preventing him from securing or following substantially gainful employment.
- Claimed conditions
- right ankle arthritis, lumbar spine arthritis, radiculopathy of the left lower extremity, right knee arthritis, left knee arthritis, right forearm scar, left ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148458
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 Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
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