The Veteran's TDIU claim is remanded due to a failure to refer the matter to the Director of Compensation Service for consideration of an extraschedular TDIU award prior to February 4, 2019.
The deciding factor: The Board was prohibited from awarding extraschedular TDIU in the first instance and failed to refer this matter to the Director of Compensation Service for consideration on that basis.
- Claimed conditions
- Service-connected disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- A20016162
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.
- Granted
The Veteran's TDIU claim is granted effective August 1, 2012, as he was unable to secure and follow a substantially gainful occupation due to service-connected disabilities.
- Remanded (sent back)
The Board has remanded the case due to a lack of recent VA examination regarding the Veteran's need for aid and attendance. The Veteran is seeking special monthly compensation based on his service-connected disabilities, but the current evidence does not indicate whether he requires regular aid and attendance.
- Granted
The Veteran's service-connected disabilities have at least as likely as not precluded him from securing or following all forms of substantially gainful employment, and the Board has granted a TDIU.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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