The Veteran's claim for TDIU prior to June 22, 2008 is being remanded as the Board cannot grant an extraschedular TDIU in the first instance and must refer it to VA's Director of Compensation Service for consideration.
The deciding factor: There is a reasonable possibility that the Veteran was unemployable due to his service-connected disabilities prior to June 22, 2008.
- Claimed conditions
- Low back pain, Right leg weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2022
- Citation
- 22029233
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 22029233.
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.
- Denied
The Board found that the Veteran does not meet the criteria for eligibility in the PCAFC program due to insufficient evidence showing a need for personal care services, and thus denied the appeal.
- Granted
The Board has determined that the Veteran's back condition is related to his service-connected left knee replacement residuals and grants service connection for this secondary condition.
- Denied
The Board has denied the appellant's claims for service connection for treatment purposes only under 38 USC Chapter 17 for a disability of the spine and migraine headaches, as there is no evidence to support a nexus between these conditions and his military service.
- Remanded (sent back)
The Board has remanded the claim for service connection of low back pain due to a motor vehicle accident during service. The Veteran's lay statements and a buddy statement support his assertion that his back pain began after the 1982 motor vehicle accident. However, both VA examiners provided opinions that were inadequate as they did not consider these statements.
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