The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to incomplete information regarding the Veteran's employment and income.
The deciding factor: Additional development is needed to determine if the Veteran's work as an attorney and tax work constitutes 'marginal employment' given his service-connected disabilities.
- Claimed conditions
- right knee disabilities, left and right upper extremity radiculopathy, left leg disability, spinal stenosis of the cervical spine with degenerative arthritis, degenerative arthritis of the lumbar spine, sciatica of the left lower extremity to include left hip and foot neurological disorder, bilateral hip disabilities, left foot disability, varicose veins, inguinal hernia, gastroesophageal reflux disease (GERD), surgical scar of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2022
- Citation
- 22065137
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 22065137.
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 remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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