The Veteran's combined service-connected disabilities render him unable to secure and follow a substantially gainful occupation, but his right ankle disability does not warrant an extraschedular rating. The claims for sleep apnea and entitlement to an extraschedular TDIU are remanded.
The deciding factor: The Veteran's combined service-connected disabilities meet the criteria for a total disability rating based on individual unemployability due to their severity, but his right ankle disability does not present such an exceptional or unusual picture that renders the available schedular ratings inadequate.
- Claimed conditions
- Headaches, Lumbar spine disorder, Cervical spine disorder, Right ankle tendonitis, Left upper extremity radiculopathy, Right upper extremity radiculopathy, Left lower extremity radiculopathy, Right lower extremity radiculopathy, Right shoulder strain (limitation of adduction, flexion, and extension), Right great toe arthritis, Left temporal scar, Right knee instability, painful motion, and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 11, 2021
- Citation
- 21028721
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. Read the original VA decision (opens in a new tab) using citation 21028721.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a cervical spine disorder and psychiatric disorder due to incomplete information. The Veteran needs to provide his complete service personnel records, verify his alleged combat experience in Vietnam, and undergo VA examinations for both conditions.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a causal relationship between his current condition and his military service.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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