The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment. The TDIU claim is granted, but the increased rating for muscle disability of the neck and left shoulder is remanded due to lack of recent medical records.
The deciding factor: The Veteran's service-connected conditions interfere with his ability to perform labor and interact with others in an occupational setting, making him unable to obtain or retain substantially gainful employment.
- Claimed conditions
- muscle disability of neck and left shoulder, residuals of left modified radical neck dissection, muscle group XX, carotid artery disease with syncope and dizziness, temporomandibular joint disorder, degenerative disc disease, lumbar spine, degenerative disc disease, cervical spine, gastroesophageal reflux disease with hiatal hernia, discoid lupus erythematosus, hypothyroidism, multiple retinal holes, bilateral, malignant neoplasm of tonsil, loss of teeth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2023
- Citation
- 23015528
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 23015528.
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.
- Dismissed
The Veteran withdrew his appeal for compensation under 38 USC § 1151 for loss of teeth, and the appeal is dismissed.
- Remanded (sent back)
The Veteran's initial compensable evaluation for hypothyroidism is denied, and the Board finds that service connection for lumbar degenerative disc disease and bilateral foot condition should be remanded due to a pre-decisional duty to assist error.
- Denied
The Board has determined that the Veteran does not have a current diagnosis of hypothyroidism and therefore denied their claim for service connection.
- Dismissed
The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus was dismissed. The Board granted service connection for hypothyroidism and Hashimoto's thyroiditis with complications, including depression, anxiety, insomnia, vitamin deficiencies, memory/cognitive impairment, unexplained arthralgias, fatigue, hair loss, and bradycardia.
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