The Veteran's service-connected disabilities render him unable to secure and maintain a substantially gainful occupation, warranting referral for extraschedular consideration.
The deciding factor: The Veteran's service-connected disabilities are sufficient to produce unemployability without regard to advancing age.
- Claimed conditions
- tension headaches, radiculopathy of the left upper extremity, degenerative joint disease of the cervical spine and cervical neck strain, right ankle injury, degenerative joint disease of the lumbar spine L2-L4 with minimal spondylitic and osteoarthritic changes, radiculopathy of the right lower extremity, radiculopathy of the right upper extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2022
- Citation
- 22034234
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 22034234.
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.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Board has granted the Veteran's claim for service connection for headaches as secondary to his service-connected sleep apnea, tinnitus, cervical spine disability, and GERD. The decision is based on a finding of relative equipoise between the conflicting opinions regarding causation.
- Remanded (sent back)
The Board has found that additional VA opinions are needed to address the nature and etiology of the Veteran's dizziness, including benign paroxysmal positional vertigo, and tension headaches, including migraines. The opinions should consider the Veteran's participation in a TERA and the combined effect of all his service-connected disabilities.
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