The Veteran's claim for an earlier effective date for TDIU and DEA was denied. The Board found that the Veteran did not meet the schedular requirements for TDIU prior to June 21, 2011, but his unemployability due to service-connected disabilities is supported by evidence of record. The case is remanded for further consideration.
The deciding factor: The Veteran's combined rating was at least 60% disabling from June 21, 2011, and he was found unemployable due to his service-connected disabilities as evidenced by the VA Form 21-8940 and other documents in the record.
- Claimed conditions
- low back strain, right elbow bone spur, right lower extremity neuropathy, left lower extremity neuropathy, right thumb fracture, right foot neuroma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000696
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 22000696.
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.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Dismissed
The Veteran's appeal for service connection of a low back strain has been withdrawn, resulting in the dismissal of this issue.
- Dismissed
The Board has dismissed the appeals for left hip arthritis, right hip arthritis, type II diabetes, right lower extremity neuropathy, left lower extremity neuropathy, and sleep apnea as they have become service-connected in other rating decisions.
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