The Board has remanded the TDIU claim due to conflicting evidence of the Veteran's employment throughout the appeal period and the need for a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability. The AOJ should refer his claim for a TDIU issue to the Director of Compensation Services for extraschedular consideration.
The deciding factor: The Board found conflicting evidence regarding the Veteran's employment and requested that he complete and return a VA Form 21-8940, which is necessary before considering the TDIU on an extraschedular basis.
- Claimed conditions
- right upper extremity carpal tunnel syndrome, left and right knee disabilities, mononeuritis of the left superficial peroneus nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2020
- Citation
- 20080910
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.
- Denied
The Board denied the Veteran's claims for service connection for left and right shoulder disabilities, as well as left and right upper extremity carpal tunnel syndrome, due to a lack of evidence linking these conditions to his military service.
- Granted
The Board granted service connection for left upper extremity carpal tunnel syndrome, right upper extremity carpal tunnel syndrome, and obstructive sleep apnea based on the evidence supporting in-service onset of symptoms that have persisted since service.
- Partly granted
The Veteran is granted a TDIU, special monthly compensation at the housebound rate, and basic eligibility for Dependents' Educational Assistance benefits. The right knee osteoarthritis issue was remanded for further evaluation.
- Denied
The Board denied the veteran's claim for a higher initial disability rating and an earlier effective date for his service-connected cervical spine disability, as well as dismissed claims for service connection for carpal tunnel syndrome in both upper extremities.
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