The Veteran's service-connected disabilities do not meet the percentage standards for a TDIU, and his claim is referred to the Director, Compensation Service, for extraschedular consideration. The pension claim remains pending as there are no issues related to service connection.
The deciding factor: The Veteran does not meet the percentage standards set forth in §4.16(a) for a TDIU based on his combined evaluation of 80 percent or higher from November 30, 2015.
- Claimed conditions
- Degenerative arthritis of the spine, Torn lateral meniscus, left knee, Limitation of motion/extension of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- March 24, 2022
- Citation
- 22017385
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 22017385.
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 has granted service connection for degenerative arthritis of the spine, right knee degenerative arthritis, left knee degenerative arthritis, right ankle degenerative arthritis, and left ankle degenerative arthritis.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Granted
The Veteran's back condition is granted an increased disability rating of 40 percent, but no higher. The claims for service connection for LLE and RLE radiculopathies are remanded.
- Granted
The Board has granted service connection for the Veteran's lumbar spine, left knee, and right knee disabilities on a direct basis, finding that these conditions began during active service.
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