The Veteran's TDIU claim is being remanded for further development, including obtaining SSA medical records and considering the issue on an extraschedular basis.
The deciding factor: The threshold percentage requirements for a schedular TDIU were not met prior to January 13, 2021, so the case must be referred for consideration of extraschedular TDIU eligibility.
- Claimed conditions
- L5-S1 spondylolysis, traumatic arthritis of the lumbosacral spine with spinal fusion, rheumatoid arthritis (RA), radiculopathy of the right lower extremity sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2022
- Citation
- 22005569
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 22005569.
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 service-connected traumatic arthritis of the spine with degenerative disc disease, IVDS, spinal stenosis, and disc herniation is rated at 40 percent. The effective date for this rating remains pending as it was granted in a September 2023 decision.
- Granted
The Board has granted service connection for radiculopathy of the left and right lower extremity sciatic nerve as secondary to service-connected lumbar disability, and for left knee strain. The Veteran's claims are remanded for additional examinations and opinions regarding chronic fatigue with memory loss (CFS) and right knee disability.
- Remanded (sent back)
The Board has remanded the claims for ratings in excess of 10 percent for radiculopathy of the right and left lower extremity sciatic and femoral nerves due to a duty to assist error regarding private treatment records.
- Denied
The Board denied service connection for rheumatoid arthritis and obstructive sleep apnea, finding that there was no evidence to support direct service connection or any other theory of entitlement.
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