The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but his unemployability is due to his service-connected conditions. The Board has referred the issue of entitlement to a TDIU on an extraschedular basis to the Director of Compensation and Pension Service.
The deciding factor: The Veteran's combined rating of service-connected disabilities is less than 70 percent, which does not meet the schedular criteria for a TDIU. The Board has referred the issue to the Director for consideration of a TDIU on an extraschedular basis due to his unemployability.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Degenerative arthritis of the left knee, Right knee strain, Left hand degeneration osteoarthritis, status post shotgun wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2020
- Citation
- 20079154
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20079154.
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 cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, while remanding claims for depression, anxiety, sleep disorder, right knee strain, left knee strain, and lumbar spine strain.
- Granted
The Board granted service connection for a low back disability, right knee strain, and left knee strain on a direct basis.
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