The Board has remanded the case for referral to the Director of Compensation for consideration of a TDIU on an extraschedular basis due to the Veteran's service-connected musculoskeletal disabilities.
The deciding factor: The Veteran's service-connected musculoskeletal disabilities have produced significant functional impact and resulted in his inability to continue working, as evidenced by VA examinations and lay statements.
- Claimed conditions
- intervertebral disc disease of the lumbar spine with residual degenerative arthritis, midtarsal degenerative joint disease and arthritis of the left foot with residual tendon repair, residuals of right peroneal tendon repair, left hip bursitis, right ankle and lower leg scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2021
- Citation
- 21072587
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 21072587.
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 Board granted service connection for right and left hip bursitis as secondary to the Veteran's service-connected bilateral pes cavus, but denied an increased rating in excess of 10 percent for degenerative arthritis of the spine with lower back strain.
- Partly granted
The Board granted service connection for hypogonadism with fatigue, GERD, and a right ear hearing loss disability. The Veteran's left rib disability was denied, and the ratings for his left shoulder injury, left hip bursitis, impairment of the left thigh, left knee retropatellar pain syndrome limitation of extension, and left ankle sprain were either granted or denied with specific rating percentages.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, dismissing or denying all appeals.
- Denied
The Board denied the veteran's claims for earlier effective dates for increased ratings and service connection, finding no persuasive evidence that the criteria for increased evaluations were met prior to the respective claim or examination dates.
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