The Board has remanded the case to the Director of Compensation Service for extra-schedular consideration due to a disagreement with the July 2021 decision denying an earlier effective date for TDIU.
The deciding factor: The Veteran's service-connected disabilities did not meet the schedular criteria for TDIU under 38 C.F.R. § 4.16(a) prior to February 29, 2012, but his marginal employment due to these disabilities was considered in determining whether he could secure and follow a substantially gainful occupation.
- Claimed conditions
- degenerative disc disease, right shoulder disability, right knee chondromalacia patella, left knee laxity, left knee chondromalacia patella, left ankle recurrent sprains, tonsillectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2022
- Citation
- 22059408
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 22059408.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Granted
The Board has granted the Veteran's claim of service connection for a left knee meniscal tear and denied his request for an increased rating for left knee laxity.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
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