The Board has remanded the case to the Director of Compensation Service for consideration of whether entitlement to a TDIU is warranted on an extraschedular basis due to service-connected disabilities.
The deciding factor: The Veteran's service-connected disabilities interfere with his ability to maintain substantially gainful employment, as evidenced by recent treatment records and vocational opinion.
- Claimed conditions
- left knee chondromalacia, left foot pes planus, right knee patellofemoral syndrome with limitation of extension, right knee patellofemoral syndrome with limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2019
- Citation
- 19177342
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.
- Partly granted
The Board granted an earlier effective date of August 15, 2022, for a 10 percent maximum initial rating for service-connected right foot metatarsalgia and granted service connection for right foot pes planus and left foot pes planus.
- Dismissed
The appeal for service connection for left and right foot pes planus, plantar fasciitis, right ankle pain, left ankle pain, right hip pain, and left hip pain was dismissed due to an impermissible concurrent election of review.
- Dismissed
The veteran withdrew his appeal for higher ratings of his left and right knee conditions, and the Board has no jurisdiction to review these issues.
- Denied
The Board denied the veteran's claims for a higher initial rating for left knee limitation of extension and an increased rating for left knee chondromalacia.
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