The Veteran's TDIU claim is being remanded for consideration of whether he should be granted a TDIU on an extraschedular basis due to his service-connected lumbar spine disability.
The deciding factor: The Veteran does not meet the schedular requirements for a TDIU, but his unemployability may warrant consideration on an extraschedular basis.
- Claimed conditions
- lumbar degenerative disease with scoliosis, peripheral radiculopathy of the right lower extremity, peripheral radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2021
- Citation
- 21072592
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 21072592.
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 Veteran's claim for special monthly compensation based on aid and attendance was denied as he did not meet the criteria for such benefits due to his service-connected disabilities. The Board found that the Veteran could perform activities of daily living with minor assistance or reminders from his spouse, and there is no evidence indicating he required regular aid and attendance.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for various conditions, including peripheral radiculopathy and gluteus disorder. The issues are related to secondary service connection.
- Granted
The Veteran was granted a total disability rating based on individual unemployability (TDIU) prior to April 16, 2021 due to his service-connected lumbar degenerative disease with scoliosis and peripheral radiculopathy of the right lower extremity.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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