The Veteran's claim for a TDIU prior to May 20, 2013 is being remanded as the Board finds that it raises a question of whether he was capable of maintaining substantially gainful employment due to his service-connected disabilities.
The deciding factor: The evidence shows that the Veteran claimed individual unemployability in October 2009 and submitted a TDIU vocational assessment report indicating he has been unable to secure and follow substantially gainful employment since at least January 2009. However, he did not meet the schedular requirement for a TDIU during the period prior to May 30, 2013.
- Claimed conditions
- intervertebral disc syndrome, diabetes mellitus with non-proliferative diabetic retinopathy of right eye, cervical spine stenosis, hemorrhoids, status post fracture of left little finger, pulmonary sarcoidosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2023
- Citation
- 23010273
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 23010273.
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.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The initial rating of 10 percent, but not higher, has been assigned for pulmonary sarcoidosis. Service connection has also been established for migraine headaches, degenerative arthritis in the left knee, right knee disorder (osteoarthritis), right ankle sprain, right shoulder rotator cuff tendonitis, bilateral flat feet, and various foot conditions.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Granted
The Veteran's claim for service connection for tension headaches was granted with an effective date of August 28, 2014.,Service connection for eczema was granted with an effective date of August 10, 2022. The Veteran requested an earlier effective date but the request was denied.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
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