The Veteran's service-connected knee disabilities cause significant impact on employability, and the Board finds that referral to the Director for further consideration of TDIU on an extraschedular basis is warranted.
The deciding factor: The evidence shows that the Veteran’s service-connected knee disabilities prevent all but sedentary employment.
- Claimed conditions
- knee disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2019
- Citation
- 19184365
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 Veteran's appeal for service connection for sleep apnea and low back disability has been reopened, but the claims are still pending as new evidence did not establish a current disability or link to service.,The Veteran's claim for chronic sinusitis is being remanded due to its potential secondary relationship with his sleep apnea.
- Denied
The Board denied the Veteran's claim for special monthly compensation (SMC) based on need for regular aid and attendance or at the housebound rate due to his service-connected knee disabilities. The evidence did not show that he required nursing home care, regular aid and attendance of another person, or was permanently housebound.
- Denied
The Veteran's service-connected disabilities, including depression and bilateral shoulder and knee conditions, did not render him unable to secure or follow a substantially gainful occupation prior to April 18, 2014. The Board found that the weight of the evidence demonstrated he was able to work as a valet driver despite his disabilities.
- Granted
The Veteran's service-connected knee disabilities, heart disability, and PTSD significantly impact his ability to function in an occupational setting, resulting in reduced reliability and productivity. The Board finds that he is unable to obtain and maintain substantially gainful employment due to these conditions.
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