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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
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