The Board has decided that the Veteran's TDIU claim should be remanded for further development, including referral to the Director of Compensation and Pension Service for extraschedular consideration. The issues include determining whether the Veteran is unemployable due to service-connected disabilities prior to July 29, 2016.
The deciding factor: The Board found that there was evidence suggesting the Veteran may have been unable to secure or follow a substantially gainful occupation due to his service-connected disabilities during the appeal period. However, they did not have the authority to assign an extraschedular TDIU in the first instance and thus remanded for referral.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Tinnitus, Back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2020
- Citation
- 20074792
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 initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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