The Board has decided to remand the case for a referral to the Director of Compensation and Pension Service regarding entitlement to TDIU prior to December 30, 2019 on an extraschedular basis.
The deciding factor: The evidence showed that the Veteran's service-connected back condition impacted his ability to work as a courier due to functional limitations associated with his disability.
- Claimed conditions
- lumbosacral strain with degenerative joint disease, spinal stenosis and L4-5 disc protrusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- A20016176
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 claims for an earlier effective date for TDIU and DEA, as well as the claim for a higher rating for his low back disability, were denied. However, the Board granted an effective date of December 30, 2009, but no earlier, for both TDIU and DEA.
- Denied
The Board denied entitlement to a rating in excess of 40 percent for the Veteran's lumbosacral strain with degenerative joint disease, as the evidence did not support a higher rating based on the current severity and functional impairment.
- Dismissed
The appeal for entitlement to left hip injury, right hip injury, and right hand injury was dismissed as these issues were not properly appealed. The remaining claims are remanded for further development.
- Denied
The claim for a higher rating than 20 percent for lumbosacral strain with degenerative joint disease was denied because the veteran did not attend a scheduled VA examination.
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