The Board has remanded the Veteran's claim for TDIU prior to May 28, 2014 due to a lack of substantial compliance with previous orders. The case is now referred to VA’s Director of Compensation Service for extraschedular consideration.
The deciding factor: There was a failure in substantial compliance with the remand orders regarding the referral of the Veteran's TDIU claim prior to May 28, 2014 to VA's Director of Compensation Service for extraschedular consideration.
- Claimed conditions
- lumbosacral strain, cholecystectomy, hypothyroidism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066816
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 Board granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
- Granted
The Board granted service connection for hypothyroidism, as it is presumptively linked to herbicide agent exposure during the Veteran's service in Vietnam.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.