The Board remands the claim for a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) for the period prior to August 14, 2017, as additional development is needed regarding the Veteran's service personnel records.
The deciding factor: The record is not sufficiently developed to determine whether referral to the Director for consideration of an extraschedular TDIU is warranted due to missing service personnel records.
- Claimed conditions
- Degenerative disc disease for the lumbar spine, Left shoulder labral tear, Chronic sinusitis, Gastroesophageal reflux disease (GERD), Tension headaches, Posttraumatic stress disorder (PTSD), Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001596
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 Board granted service connection for PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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