The Veteran's service-connected disabilities, including a left shoulder disability, low back disability, chronic fatigue syndrome, and cardiomyopathy and postural orthostatic tachycardia syndrome, render him unemployable. However, the current rating schedule does not meet the criteria for TDIU due to his service-connected disabilities. The case is being remanded for further consideration under 38 C.F.R. § 4.16(b) as he may be eligible for a total disability rating based on individual unemployability due to service-connected disability.
The deciding factor: The Veteran's combined evaluation of service-connected disabilities does not meet the schedular requirements for TDIU, but his case is being referred to the Director of Compensation Service for extraschedular consideration as he may be eligible for a total disability rating based on individual unemployability due to service-connected disability.
- Claimed conditions
- left shoulder disability, low back disability, chronic fatigue syndrome, cardiomyopathy and postural orthostatic tachycardia syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 27, 2022
- Citation
- 22042515
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 22042515.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
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