The Veteran's claim for a TDIU prior to January 15, 2016 is being referred to the Director of Compensation Service for extraschedular consideration due to the evidence suggesting he may be entitled to such benefits.
The deciding factor: The Veteran's disability rating does not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a), but there is sufficient additional disability to bring his combined rating to 70 percent or more, which would allow for an extraschedular TDIU.
- Claimed conditions
- lower back spondylosis, r radiculopathy in the right lower extremity, l radiculopathy in the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2022
- Citation
- 22058005
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 22058005.
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 Veteran's service-connected low back disability did not render him unemployable prior to January 15, 2016. The Board found that his other conditions and work history precluded him from obtaining substantially gainful employment.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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