The Board has remanded the claim due to failure to substantially comply with prior remand instructions, specifically regarding the impact of service-connected disabilities on work capacity prior to March 13, 2009. The Veteran's TDIU claim is now remanded for further examination and consideration.
The deciding factor: The Board found that prior examiners failed to consider the Veteran's education and experience in assessing his work incapacity due to service-connected disabilities prior to March 13, 2009.
- Claimed conditions
- labyrinthitis, degenerative disc disease of the lumbar spine, hiatal hernia with reflux, mixed headaches, hemorrhoids, nephrolithiasis (kidney stones)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2022
- Citation
- 22000125
Veterans Law Judge
Decisions by this judge: 2,451 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
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 22000125.
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.
- Granted
The Veteran's initial 30 percent rating for nephrolithiasis (kidney stones) is granted. The appeal of service connection for obstructive sleep apnea (OSA) is dismissed, as the claim was previously adjudicated and granted in a prior decision. The left knee Baker's cyst issue remains pending and requires further action.
- Granted
The Veteran's claim for service connection for tension headaches was granted with an effective date of August 28, 2014.,Service connection for eczema was granted with an effective date of August 10, 2022. The Veteran requested an earlier effective date but the request was denied.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
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