The Board has remanded the Veteran's claim for a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) because it did not address Dr. N.O.'s March 2009 evaluation and whether any recommended work environment constitutes a 'protected [work] environment' for the purposes of 38 C.F.R. § § 4.16(a).
The deciding factor: The Board found that VA's duty to assist included obtaining Dr. N.O.'s March 2009 evaluation and addressing whether any recommended work environment constitutes a 'protected [work] environment' for the purposes of 38 C.F.R. § § 4.16(a).
- Claimed conditions
- undifferentiated type schizophrenia, post operative pseudomotor cerebri with a residual seizure disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2019
- Citation
- 19164745
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19164745.
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 Veteran is not competent to handle disbursement of VA funds due to his mental condition, specifically undifferentiated type schizophrenia.
- Denied
The Veteran's claims for higher ratings for schizophrenia and cervical spine disability, as well as his claim for TDIU, have been denied because he failed to report for scheduled VA examinations without good cause.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the current severity of his service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment.
- Granted
The Veteran's schizophrenia with organic brain syndrome was granted a 70% rating effective February 25, 2005.
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