The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment prior to November 9, 2020. The Board has now granted a TDIU rating on a schedular basis from that date, which triggers the need for extraschedular consideration.
The deciding factor: The Veteran's service-connected disabilities have not met the schedular requirements for a TDIU prior to November 9, 2020. However, they may still qualify for an extraschedular rating if his disabilities render him unable to secure and follow substantially gainful employment due to their combined effect.
- Claimed conditions
- lumbar radiculitis, cervical spondylosis and degenerative disc disease, right upper extremity radiculopathy, left shoulder strain, left lower extremity sciatic nerve radiculopathy, left upper extremity radiculopathy, cervical spine surgical scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2023
- Citation
- 23021452
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 23021452.
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 granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Veteran's TDIU and DEA claims are remanded due to insufficient evidence for a schedular rating, and the issues are inextricably intertwined.
- Dismissed
The appeal seeking to establish entitlement to special monthly compensation (SMC) is dismissed because the AOJ decision was merely implementing a Board's earlier effective date decision for service connection.
- Partly granted
The Veteran's hypertension, left shoulder strain, and right shoulder disability are all granted as service-connected.,The Veteran is also remanded for a rating in excess of 10 percent for degenerative arthritis of the spine and for service connection for sleep apnea.
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