The Board has remanded the Veteran's TDIU claim due to a disagreement with the October 2021 decision, and now requires referral to the Director for consideration of an extraschedular TDIU under 38 C.F.R. § 4.16(b).
The deciding factor: The Board found that there is sufficient evidence to substantiate a 'reasonable possibility' that the Veteran is unemployable due to his service-connected disabilities, but cannot grant the claim in the first instance as it would be inappropriate under 38 C.F.R. § 4.16(b).
- Claimed conditions
- hepatitis C, unspecified depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2023
- Citation
- 23007313
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 23007313.
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 expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Granted
The Veteran's anxiety and depressive disorders were rated at a 70 percent disability rating effective May 6, 2015.,Effective May 6, 2015, the Veteran was granted an earlier effective date for DEA benefits.
- Granted
The Board has determined that the Veteran's current unspecified depressive disorder is related to his service-connected disabilities, and thus grants service connection for this condition.
- Denied
The Veteran's service-connected unspecified depressive disorder with insomnia disorder is rated at 30 percent, and the Board has determined that this rating is not sufficient to reflect his disability picture.
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