The Board has remanded the issue of entitlement to a TDIU due to service-connected disabilities, as it is unclear whether the Veteran's service-connected conditions alone are sufficient for a TDIU. The case will be referred to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular criteria for TDIU under 38 C.F.R. § 4.16(a) throughout the period on appeal, but his unemployability is due to these conditions and other factors.
- Claimed conditions
- degenerative joint disease and chondromalacia of the left knee, degenerative joint disease and chondromalacia of the right knee, recurrent subluxation of the left knee, recurrent subluxation of the right knee, essential hypertension, residuals of fracture, distal joint of the left little finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- 22064613
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 22064613.
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 determined that additional development is needed for the claims on appeal, including obtaining any outstanding treatment records and scheduling VA examinations to assess the current severity of service-connected disabilities. The Veteran's representative also requested reevaluation of his service-connected disabilities.
- Denied
The Veteran's claim for an earlier effective date for service connection of essential hypertension is denied as the evidence does not show he had potential entitlement at the time of the liberalizing law, and his current effective date is one year prior to the date of his July 2024 Supplemental Claim.
- Granted
The Board has granted an effective date of May 15, 2013 for the Veteran's TDIU and DEA benefits claims based on continuous pursuit of his claim since May 15, 2013. The effective dates are fixed in accordance with the facts found.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular ratings did not meet the threshold requirement for consideration of TDIU. The case was remanded multiple times and ultimately denied again.
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