The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining outstanding treatment records. The issue of a TDIU on an extraschedular basis will also be referred to the Director, Compensation Service.
The deciding factor: The Board cannot assign an extra-schedular rating in the first instance; it must first determine whether to refer the case to the Director for an opinion under 38 C.F.R. § 4.16(b).
- Claimed conditions
- chronic idiopathic urticaria and angioedema, unspecified depressive disorder, headaches, acquired pes planus of the right foot, peripheral neuropathy of the right lower extremity, right dorsal foot scar (painful), PTTD with arthritis, status post right foot reconstruction, bunionectomy and tendon repair, and right ankle lateral collateral ligament sprain, tinnitus, right ankle lateral collateral ligament sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2022
- Citation
- 22061609
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 22061609.
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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- 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.
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