The Board has remanded the issue of entitlement to a total disability rating based on individual unemployability prior to April 5, 2021 due to the Veteran's service-connected disabilities. The AOJ is directed to consider referral for extraschedular consideration under 38 C.F.R. § 4.16(b).
The deciding factor: The Board found that there was a reasonable possibility that the Veteran's service-connected disabilities may have rendered him unemployable prior to April 5, 2021.
- Claimed conditions
- coronary artery disease, right foot hallux rigidus, right foot plantar fasciitis, degenerative arthritis and gout residuals from first and third metatarsal fractures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2022
- Citation
- 22063998
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 22063998.
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for coronary artery disease, which is presumed related to in-service exposure to herbicide agents.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, type II diabetes, diabetic peripheral neuropathy of both lower extremities, left and right knee disabilities, and left and right foot plantar fasciitis to obtain additional medical evidence.
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