The Veteran's TDIU claim is remanded as the Board cannot consider it in its first instance and must be referred to VA’s Director, Compensation Service, for initial consideration. The evidence shows that the Veteran has been unable to engage in substantial gainful activity due to his service-connected disabilities since October 2009.
The deciding factor: The claim is remanded as the Board cannot consider it in its first instance and must be referred to VA’s Director, Compensation Service, for initial consideration.
- Claimed conditions
- dysthymic disorder, lumbar strain with degenerative disc disease, left hip strain, right hip strain, left knee strain, right knee strain, corneal scar of the right eye, bilateral hearing loss, left foot hallux valgus deformity, right foot hallux valgus deformity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2019
- Citation
- 19168213
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 19168213.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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