The Veteran's TDIU claim is being remanded due to a pre-decisional error in VA's duty to assist. The Board needs clarification on the extent of functional impairment caused by his service-connected musculoskeletal disabilities and their impact on employment.
The deciding factor: VA failed to obtain a clarifying opinion regarding the conflicting conclusions from previous examinations about the Veteran's ability to perform physical acts necessary for employment due to his service-connected musculoskeletal disabilities.
- Claimed conditions
- bilateral hips, cervical degenerative arthritis, left hearing loss, HTN (hypertension), bilateral shoulders, bilateral knees, neck
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2022
- Citation
- A22021282
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 A22021282.
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 TDIU was granted effective April 8, 2020. The Board found that VA failed to properly notify the Veteran of his intent to file a claim and thus the earlier date is valid.
- 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
The Veteran's current cervical spine disability is related to service, and the Board has granted service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error regarding whether the Veteran's service-connected knee disabilities may have caused or aggravated his sleep apnea.
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