The Veteran's service-connected back and respiratory problems prevent him from securing and following a substantially gainful occupation, but his claim does not meet the schedular requirements for TDIU. The Board has referred the case to VA's Director, Compensation Service for extraschedular consideration of the Veteran's TDIU claim.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU).
- Claimed conditions
- back problems, respiratory issues
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2022
- Citation
- 22059621
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 22059621.
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 multiple myeloma and back problems due to a duty to assist error. For multiple myeloma, the Veteran's exposure to asbestos is not verified. For back problems, an addendum opinion is needed to consider the Veteran's lay statements regarding her training-related injuries.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for respiratory issues due to burn pit exposure. The Veteran is not entitled to an effective date earlier than February 10, 2020, for tinnitus and bilateral hearing loss as his claim was considered after a new piece of evidence was submitted. For respiratory issues, the Board has ordered a remand to provide a VA examination and obtain further medical opinions.
- Dismissed
The Board has dismissed the appeal due to the Veteran's death, and no one is eligible for substitution.
- Denied
The Veteran's claim for a compensable rating for fracture of the left hand fifth digit neck with apex dorsal angulation was denied as his disability is already rated at its maximum.,Service connection for bilateral hearing loss, back problems, hiatal hernia, and right and left knee problems were also denied due to lack of evidence linking these conditions to service.
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