The Veteran's TDIU claim from October 14, 2009 to March 29, 2010 is moot due to his combined 100% disability rating.,The Veteran's TDIU prior to October 14, 2009 remains on appeal and requires extraschedular consideration.
The deciding factor: The Veteran has a combined 100% disability rating from October 14, 2009 to March 29, 2010, making his TDIU claim moot.,Prior to October 14, 2009, the Veteran's TDIU claim remains on appeal and requires extraschedular consideration.
- Claimed conditions
- ischemic heart disease, left leg thrombophlebitis with peripheral vascular disease (PVD), degenerative joint disease of the lumbar spine, rhabdomyosarcoma (implied by context, as it is not explicitly stated but mentioned in relation to service connection issues), radiculopathy of the bilateral sciatic nerves, glaucoma of the left eye, depressive and anxiety disorder, right leg phlebitis with PVD, radiculopathy of the right lower anterior crural and internal saphenous nerves, radiculopathy of the left lower anterior crural nerve, tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2022
- Citation
- 22062738
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 22062738.
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 granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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