The Board has remanded the case due to failure to comply with a previous remand directive regarding the Veteran's application for TDIU on an extraschedular basis. The AOJ is instructed to request the Veteran to complete a VA Form 21-8940 and refer the issue to the Director of Compensation Services.
The deciding factor: The AOJ failed to comply with the Board's previous remand directive regarding the TDIU on an extraschedular basis, which requires referral to the Director of Compensation Services for consideration.
- Claimed conditions
- back, knee, ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2022
- Citation
- 22004883
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 22004883.
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 is granted an effective date of December 10, 2015 for total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA). The decision also grants earlier effective dates for these benefits.
- Granted
The Veteran's service-connected neck, back, and migraines required care or assistance from his wife on a regular basis to protect him from hazards in his daily environment.
- Granted
Service connection for left and right knee disabilities is granted.,An earlier effective date of April 29, 2010, but no earlier, for service connection for a back disability (lumbosacral and thoracic strain) is granted.
- Dismissed
The claims seeking compensation under 38 U.S.C. § 1151 for left foot and bladder disabilities, as well as service connection for tinnitus, are dismissed due to lack of new and relevant evidence. The claim seeking service connection for bilateral knee disabilities is readjudicated.
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