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
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 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 has denied the Veteran's claims for service connection for right and left upper extremity carpal tunnel syndrome and low back pain, finding that there is no evidence of a chronic disease or injury in service or within one year after separation from service.
- Dismissed
The Veteran has withdrawn their appeal regarding increased rating for generalized anxiety disorder, service connection for left and right knee disabilities, and entitlement to a total disability based upon individual unemployability (TDIU). As a result, the Board dismisses this appeal.
- Denied
The Veteran's right upper extremity carpal tunnel and cubital tunnel syndrome with polyneuropathy was rated at 40 percent from October 22, 2018 to January 13, 2020. The Board denied an increased rating greater than 40 percent for the period prior to January 13, 2020.
- Dismissed
The Veteran withdrew his appeals for all issues related to bilateral foot condition, low back condition, left upper extremity carpal tunnel syndrome, right upper extremity carpal tunnel syndrome, and bilateral carpal tunnel syndrome scars. The appeal is dismissed.
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