The Veteran's TDIU claim based on muscle herniation with muscle injury, proximal aspect left thigh is denied as the impairment does not render him unable to secure or follow a substantially gainful occupation. The issue of entitlement to a TDIU exclusively due to anxiety disorder with depression remains remanded.
The deciding factor: The Veteran's service-connected disability alone did not render him unemployable, and additional development was needed for his anxiety disorder claim.
- Claimed conditions
- muscle herniation with muscle injury, proximal aspect left thigh, anxiety disorder with depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 17, 2023
- Citation
- 23022566
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 23022566.
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's appeal for an increased rating in excess of 50 percent for anxiety disorder with depression has been dismissed due to the Veteran withdrawing his appeal at a hearing.
- Partly granted
The Board denied service connection for sleep apnea and remanded the claims for an anxiety disorder with depression and PTSD due to a need for additional evidence.
- Granted
The Board has granted service connection for an acquired psychiatric disorder, diagnosed as unspecified anxiety disorder with depression. The issue of service connection for bilateral pes planus is remanded.
- Granted
The Veteran's anxiety disorder with depression is granted service connection, but his bilateral knee condition is denied.
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