The Board previously awarded TDIU as of April 11, 2019. However, the Veteran's claim was not referred to the Director for extraschedular consideration due to a perceived dependency on submitting a VA Form 21-8940. The case is remanded for further development including referral to the Director for extraschedular consideration.
The deciding factor: The Board failed to properly refer the TDIU claim to the Director of Compensation Service for extraschedular consideration, which was mistakenly perceived as dependent on the Veteran submitting a VA Form 21-8940. The case is remanded to ensure proper referral and consideration.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2023
- Citation
- 23014538
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 23014538.
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
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