The Veteran's TDIU claim is remanded for referral to VA's Director of Compensation for consideration of whether a TDIU on an extraschedular basis under the provisions of 38 C.F.R. § 4.16(b) is warranted prior to January 12, 2015.
The deciding factor: The Board found that there is sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to his service-connected disabilities but fails to meet the percentage standards set forth for TDIU under the schedular criteria.
- Claimed conditions
- adjustment disorder with depressed mood, insomnia, low back musculotendinous strain with degenerative changes, cervical radiculopathy, upper and middle radicular group, cervical spine trauma with ruptured disk C5-C6, rotator cuff tendinitis, shoulder strain involving trapezius muscle and degenerative changes, tinnitus, residual painful scar associated with low back musculotendinous strain with degenerative changes, rhabdoidoma of the left elbow, hemorrhoids, residual surgical scar(s), lumbar spine associated with low back musculotendinous strain with degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2022
- Citation
- 22036928
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 22036928.
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 remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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