The Board has remanded the Veteran's claim for TDIU due to service-connected disabilities, as there is insufficient evidence to substantiate a reasonable possibility that he is unemployable because of his service-connected disabilities. The case will be referred to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Board found that while the Veteran's service-connected disabilities may render him unable to obtain and maintain substantially gainful employment, they do not meet the percentage rating standards to be considered for individual unemployability on a schedular basis. However, TDIU benefits are warranted because his service-connected disabilities did not render him unemployable.
- Claimed conditions
- coronary artery disease with ischemic heart disease, diabetes mellitus type II, back scar residual of shell fragment wound, left hip scar residual of shell fragment wound, buttocks scar, shell fragment wound to muscle group XX, bilateral hearing loss, periodontal disease, left hip flexion as a residual of a shell fragment wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 3, 2022
- Citation
- 22012239
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 22012239.
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's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
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