The Veteran's service-connected disabilities have rendered her unable to secure and follow a substantially gainful occupation, resulting in the grant of TDIU. The claims for respiratory disorder and sleep apnea are remanded due to insufficient evidence.
The deciding factor: The Veteran has multiple service-connected conditions that collectively render her unemployable, warranting the grant of TDIU. Additional VA medical opinions are needed to determine the nature and etiology of any current respiratory disorders and sleep apnea claims.
- Claimed conditions
- {"condition_name":"Posttraumatic Stress Disorder (PTSD)","rating_assigned":50,"effective_date":null}, {"condition_name":"Chronic Cephalgia","rating_assigned":30,"effective_date":null}, {"condition_name":"Lumbosacral Strain","rating_assigned":20,"effective_date":null}, {"condition_name":"Cervical Degenerative Disease","rating_assigned":20,"effective_date":null}, {"condition_name":"Left and Right Upper Extremity Radiculopathy","rating_assigned":20,"effective_date":null}, {"condition_name":"Ankle Disorder","rating_assigned":10,"effective_date":null}, {"condition_name":"Hearing Loss","rating_assigned":10,"effective_date":null}, {"condition_name":"Tinnitus","rating_assigned":10,"effective_date":null}, {"condition_name":"Ulcer Condition","rating_assigned":10,"effective_date":null}, {"condition_name":"Left and Right Lower Extremity Radiculopathy","rating_assigned":10,"effective_date":null}, {"condition_name":"Cervical Dysplasia","rating_assigned":0,"effective_date":null}, {"condition_name":"Right Ankle Scar","rating_assigned":0,"effective_date":null}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081548
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
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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.