The Veteran's TDIU claim is remanded due to the RO's failure to substantially comply with previous Board remand instructions and legal inaccuracies in their subsequent rating decision.
The deciding factor: The RO failed to consider whether the Veteran is able to gain and sustain substantially gainful employment as part of the initial adjudication of his TDIU claim, despite the Board's previous directive.
- Claimed conditions
- bilateral pes planus, degenerative arthritis of the spine, right knee tendonitis with strain, stress fracture tibia, patellofemoral pain syndrome, Osgood-Schlatter's Disease, chondromalacia patellae, and infrapatellar calcific tendinopathy with limited/painful flexion, left knee tendonitis with strain, stress fracture tibia, patellofemoral pain syndrome, Osgood-Schlatter's Disease, chondromalacia patellae and infrapatellar calcific tendinopathy with limited/painful flexion, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2022
- Citation
- 22070728
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 22070728.
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 remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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